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JOURNAL 


OF  THE 


MISSOURI  STATE  CONVENTION, 


HELD  AT 


THE  CITY  OF  ST.  LOUIS, 


JANUARY  6  APRIL  10,  1865 


LAW  LIBRARY 


ST.  LOUIS: 

.MISSOURI  DEMOCRAT,  PRINT,  CORNER  FOURTH  AND  PINE  STS. 
1S65  . 


'ft  ft* 


NAMES  OF  THE  DELEGATES 


OF  THE 


MISSOURI  STATE  CONVENTION  OF  1865 


WITH  THE   PLACE  OF  NATIVITY,  AGE.  PROFESSION.  AND  POST  OFFICE  ADDRESS. 


Names  of  Members.  Nativity.        Age.         Profession.  Post  Office  Address. 

Arnold  Krekel,  President  Prussia  50.... Lawyer  St.  Charles,  Mo.' 

Charles  D.  Drake.  Vice  President.  .Ohio  54.... Lawyer  St.  Louis. 

Amos  P.  Foster,  Secretary  New  Hampshire. .32  Merchant  Washington.  Mo. 

Thomas  Proctor,  Assistant  Sec'y...  .Ohio  49  Editor  Macon  City,  Mo. 

H.  J.  Stierlin,  Doorkeeper  Prussia  43.... Clerk  St.  Louis. 

J.  W.  Stephens,  Serg't-at-Arms  ..England  31  Lawyer  Rolla,  Mo. 

Adams,  William  B  Missouri  46  Physician  Danville,  Mo. 

Barr,  Adam  J  Pennsylvania  36. ..  .Physician  Richmond,  Mo. 

Bedford,  Alfred  M  Tennessee  44  Lawyer  Charleston,  Mo. 

Bonham,  David  England  56.... Farmer  Empire  Prairii'-  Mo. 

Budd,  (George  K  Pennsylvania  63  St.  Louis. 

Bunce,  Harvey  New  York  48  Boonville,  Mo. 

Bush,  Isidor  Austria  43. . .  .Gen.  Ag't  I.M.R.R  St.  Louis. 

Childress,  Robert  L  Tennessee  56. ...Farmer  Marshfleld,  Mo. 

Clover,  Henry  A   New  York  41.... Lawyer  St.  Louis. 

Cowden.  Rives  C  Virginia  65  Farmer  Halfway,  Mo. 

Davis,  John  H  Ohio  4S  Farmer  Hall's  Ferry,  Mo. 

Davis,  Samuel  T  Kentucky  30  Lawyer  New  Madrid,  Mo. 

Dodson,  Isham  B   Kentucky  47  Lawyer  Kirksville,  Mo. 

D'Oench,  William  Prussia  4S. ..  .Merchant  St.  Louis. 

Ellis,  John  H  Virginia  51  Physician  Chillicothe,  Mo. 

Esther,  John  Tennessee  3S.... Farmer  Lebanon,  Mo. 

Evans,  Ellis  G  Missouri  41  Mechanic  Cuba,  Mo. 

Filley,  Chauncey  I  New  York  36  Merchant  St.  Louis. 

Fletcher,  John  W  Missouri  46. ...Farmer  DeSoto,  Mo. 

Folmsbee,  Wm.  H  Ohio  36  Physician  Gallatin,  Mo. 

Foster,  Emory  S  Missouri  27  Student  at  Law  Warrensburg.  Mo. 

Fulkerson,  Fred.  M  Virginia  57. ...Farmer  Marshall,  Mo. 

Gamble,  John  W  Kentucky  50.... Farmer  Mexico,  Mo. 

Gilbert,  Archibald  South  Carolina. .. .51  Farmer  Mount  Yernon,  Mo. 

Gilbert,  Samuel  A  Illinois  29  Lawyer  Weston,  Mo. 

Gilstrap,  Aoner  L  Indiana  51.... Lawyer  Macon  City,  Mo. 

Grammer,  Joel  M  Tennessee  40  Merchant  Cassville,  Mo. 

Green,  Moses  P  Virginia  47  Lawyer  Hannibal,  Mo. 

Harris,  Thos.  B  Kentucky  50  Farmer  Concord,  Mo. 

Henderson,  David  Virginia  63  Physician  Dent  Court  House,  Mo. 


4127702  uwuauKv 


4 


Names  of  Members. 


Nativity. 


Age. 


Profession. 


Post  Office  Address. 


Holcomb,  Ethan  A  Ohio  34. 

Holdssvorth,  John  H  New  York  57. 

Holland,  Willis  S  Kentucky  40. 

Hughes,  Benj.  F  Missouri  35. 

Hume,  Joseph  F  Missouri  43. 

Ilusmann,  George  Germany  38. 

King,  Wyllys  Connecticut  62. 

Leonard,  Reeves  Missouri  27. 

Linton,  Moses  L  Kentucky  .57.. 

McKernan,  John  F  Ohio  38.. 

MePherson,  Archibald  M  ...North  Carolina. ...63. 

Mack,  John  A  Virginia  

Martin,  Alex.  H  Virginia  

Meyer,  Ferdinand  Prussia  

Mitchell,  James  P  Pennsylvania  .... 

Morton,  Wm,  A  Kentucky  

Newgent,  Andrew  G  Indiana  < 

Nixdorf,  Anton  P  Prussia  

Owens,  James  W  ...Missouri  

Peck,  Dorastus  New  York  

Rankin,  Jonathan  T  Tennessee  

Rohrer,  Philip  J  Germany  

St.  (rem,  G-ustavus  Missouri  40. 

Smith,  Eli  Ohio  43. 

Smith,  Knight  G  Virginia  34. 

Strong,  George  P  Connecticut  51.. 

Sutton,  James  T  Tennessee  45.. 

Swearingen,  John  R  Kentucky  .72. 

Switzler,  "Wm.  F  Kentucky  46., 

Thilenius,  Geo.  C  Germany  36., 

Weatherby,  Lewis  IT  New  York  36. 

Williams,  Jeremiah  Pennsylvania  41. , 

Williams,  Eugene  Tennessee  33. 


.58. 
.48. 
.38. 
.50. 
.53. 
.49. 
.33. 
.35. 
.62. 
.  13. 
.43. 


...Lawyer  Keytesville,  Mo. 

...Farmer  Long  Branch,  Mo. 

...Physician  Calhoun,  Mo. 

...Physician  Sedalia,  Mo. 

,  ..Physician  California,  Mo. 

..Nurseryman  Hermann,  Mo. 

..Merchant  St.  Louis. 

..Major  Mo.  Vols  Fayette,  Mo. 

..Physician  St.  Louis. 

..Merchant  Osage  City,  Mo. 

..Surveyor  Altenburg,  Mo. 

..Farmer  Springfield,  Mo. 

..Clerk  Troy,  Mo. 

..Merchant  .-  St.  Louis. 

..Farmer  Primrose,  Mo. 

..Physician  Liberty,  Mo. 

..Merchant  Kansas  City,  Mo. 

..Physician  Pleasant  Farm,  Mo. 

..Lawyer  Washington,  Mo. 

..Physician  Ironton,  Mo. 

..Merchant  Greenfield,  Mo. 

..Teacher  Lebanon,  Mo. 

..Merchant  Ste.  Genevieve,  Mo. 

..Farmer  Smithton;  Mo. 

..Physician  Princeton,  Mo. 

..Lawyer  St.  Louis. 

..Farmer  Coldwater,  Mo. 

..Clerk  of  Court  Independence,  Mo. 

..Editor  Columbia,  Mo 

..Merchant  Cape  Girardeau,  Mo. 

..Lawyer  ,  Maysville,  Mo. 

..Physician  Kingston,  Mo. 

..Merchant  Memphis,  Mo. 


* 


JOURNAL 

OF  THE 

MISSOURI  STATE  CONVENTION, 

Begun  and  held  in  the  City  of  St.  Louis,  on  Friday,  the  6th  day  of  January,  A.  D.  1865, 
in  pursuance  of  "An  act  to  provide  for  calling  a  State  Convention"  passed 
by  the  General  Assembly  of  said  State,  February  13th,  1864. 


AN  ACT 

TO  PEOVIDE  FOE  CALLING  A  STATE  CONVENTION. 


Whereas,  In  the  opinion  of  the  General 
Assembly,  the  condition  of  affairs  in  the 
State  demands  that  a  Convention  of  the 
people  be  called  to  take  such  action  as 
the  interest  and  welfare  thereof  may  re- 
quire; therefore. 

Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Missouri,  as  follows: 

Section  1.  That  an  election  of  delegates 
to  a  Convention  of  the  people  of  the  State  of 
Missouri  shall  be  held,  at  the  several  places 
of  voting-  in  this  State,  on  the  Tuesday  after 
the  first  Monday  in  November,  one  thousand 
eight  hundred  and  sixty-tour,  which  election 
shall  be  managed  and  conducted  by  the  sher- 
iffs, or  other  proper  officers,  of  the  counties, 
respectively,  in  the  same  manner,  and  ac- 
cording to  the  same  rules  and  regulations,  as 
are  now  prescribed  by  law  for  the  election  of 
members  of  the  General  Assembly ;  and  the 
Governor  is  hereby  required  and  directed  to 
issue  his  proclamation  to  the  several  sheriffs 
of  the  State,  immediatelv  after  the  passage 
of  this  act  ,  requiring  them  to  hold  and  con- 
duct said  election  according  to  law.  and  the 
said  sheriffs  shall  advertise  the  time  and 
place  of  holding  said  election,  for  at  least 
thirty  clays  before  said  election,  by  publica- 
tion in  the  several  newspapers  of  their  re- 
spective counties,  and  by  posting  notices  at 
ten  public  places  in  each  county . 


Sec.  2.  Each  State  Senatorial  District,  as 
now  constituted  by  law,  shall  be  entitled  to 
elect  twice  as  many  delegates  to  said  Con- 
vention, as  said  district  is  now  entitled  to 
members  in  the  State  Senate . 

Sec.  3.  No  person  shall  be  a  member  of 
said  Convention  who  shall  not  have  attaiued 
to  the  age  of  twenty-four  years,  who  shall 
not  be  a  free  white  male  citizen  of  the  United 
States,  who  shall  not  have  been  a  citizen  of 
this  State  two  years,  and  of  the  district  he 
represents  one  year,  next  before  his  election, 
and  who  is  not  otherwise  qualified  in  accord- 
ance with  existing  laws  and  ordinances  of 
the  State,  prescribing  the  necessary  qualifi- 
cations of  members  of  the  General  Assembly . 

Sec.  4.  In  all  districts,  composing  two  or 
more  counties,  the  clerks  of  all  the  counties 
shall  transmit  to  the  clerk  of  the  county 
first  named  by  the  law  now  forming  said 
district,  or  in  case  there  be  no  such  clerk 
there,  then  to  the  clerk  of  the  county  as 
shall  have  one  next  named  by  the  law,  now 
forming  said  district,  on  the  thirtieth  ayd 
succeeding  said  election,  a  certificate,  under 
their  hands,  of  the  number  of  votes  given 
for  each  candidate  in  each  respective  county, 
and  said  returns  shall  be  sent  by  special  mes- 
sengers, who  shall  receive  the  sum  of  five 
dollars  a  day  for  their  services,  to  be  paid 
out  of  the  treasury  of  the  county  from 
which  said  return  may  be  sent.    The  clerk  of 


6 


the  county,  to  which  returns  shall  be  made, 
after  examining  the  same,  shall  give  to  the 
person  showing  the  highest  number  of  votes 
(including  the  soldiers'  vote),  according  to 
the  number  of  delegates  to  which  each  dis- 
trict is  entitled,  certificates  of  election  under 
the  sea]  of  his  office,  and  said  clerks  shall 
also  certify  said  returns  to  the  Secretary  of 
State,  as  now  provided  by  law  in  case  ot  the 
election  of  Senators. 

Sec.  5.  The  delegates  elected  under  the 
provisions  of  this  act,  shall  assemble  in  St. 
Louis,  on  the  6th  day  of  January,  1865,  and 
organize  themselves  into  a  Convention  by 
the  election  of  a  President,  and  other  officers 
as  they  may  deem  necessary,  and  shall  pro- 
ceed to  consider,  .first,  such  amendments  to 
the  Constitution  of  the  State  as  may  be  by 
them  deemed  necessary  for  the  emancipation 
of  slaves ;vsecond.  such  amendments  to  the 
Constitution  of  the  State  as  may  be  by  them 
deemed  necessary  to  preserve  in  purity  the 
elective  franchise  to  loyal  citizens,  and  such 
other  amendments  as  may  be  by  them 
deemed  essential  to  the  promotion  of  the 
public  good. 

Sec.  6.  Said  Convention  shall  adopt  such 
rules  and  regulations  for  its  government, 
and  the  proper  transaction  of  business,  as 
they  shall  think  proper.  They  shall  have 
the  same  privileges  as  the  members  of  the 
General  Assembly  now  have  by  law;  aud  the 
officers,  members,  and  assistants  of  said 
Convention,  shall  receive  the  same  compen- 
sation as  is  now  allowed  by  law  to  the  offi- 
cers, members,  and  assistants  of  the  House 
of  Representatives,  and  said  compensation 
shall  be  allowed  and  paid  them  in  the  same 
manner. 

Sec.  7.  In  cases  of  contested  elections  to 
said  Convention,  the  contending  candidates 
shall  pursue  the  same  course,  and  be  gov- 
erned by  the  same  rules,  as  are  now  pre- 
scribed by  law  in  relation  to  contested  elec- 
tions for  members  of  the  General  Assembly; 
and  the  Convention  shall  be  the  judge  of  all 
such  contested  elections  for  membership 
therein . 

Sec.  8.  In  case  of  vacancy  occurring  in 
said  Convention,  by  death,  resignation,  or 
otherwise,  of  any  member,  the  same  shall 
be  filled  in  the  same  manner  as  now  pre- 
scribed by  law  for  filling  vacancies  in  the  State 
Senate . 

Sec.  9.  All  persons  qualified  to  vote  for 


members  of  the  General  Assembly  under 
existing  laws  and  ordinances,  shall  be  enti- 
tled to  vote  for  delegates  to  said  Convention. 

Sec.  10.  At  the  time  and  places  of  voting 
aforesaid,  the  qualified  voters  of  said  State 
shall  be  permitted  to  vote  i  'for  a  State  Con- 
vention ' '  or  '  'against  a  State  Convention, ' ' 
and  the  votes  so  cast  shall  be  certified  and 
returned  to  the  Secretary  of  State,  with  the 
returns  for  the  delegates  to  the  Convention; 
and  if  a  majority  so  voting  shall  have  voted 
"for  a  Convention,"  the  Convention  shall 
assemble,  and  proceed  to  the  discharge  of 
the  duties  assigned  to  that  body  under  this 
act;  but  if  a  majority  so  voting  shall  have 
voted  '  'against  a  Convention, ' '  the  Conven- 
tion shall  not  assemble,  nor  shall  the  dele- 
gates elected  have  any  authority  to  act  in 
the  premises;  and  the  Secretarj^  of  State 
shall  announce  the  result  of  said  election  on. 
the  20th  day  of  December  next  thereafter. 

This  act  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

Approved,  February  13,  1864. 

Office  Secretary  of  State,  ^ 
City  of  Jefferson,  Missouri,  j 

I,  Mordecai  Oliver,  Secretary  of  State, 
in  pursuance  of  an  act  of  the  General  Assem- 
bly entitled  ' '  An  act  to  provide  for  calling  a 
State  Convention,"  approved  February 
13th,  1864,  do  hereby  announce,  that  of  the 
votes  cast  for  and  against  a  Convention,  at 
the  general  election  held  in  this  State  on 
Tuesday,  November  8th,  1864,  a  large  ma-, 
jority  were  cast  in  favor  of  a  Convention. 

The  members  elect  of  the  Convention  will 
therefore  assemble  in  the  city  of  St.  Louis, 
on  the  6th  day  of  January,  1865. 

In  testimony  whereof,  I  have  hereunto 
set  my  hand  and  affixed  the  seal  ot 
[l.  s.]  office,  at  office,  in  the  city  of  Jeffer- 
son, this  20th  day  of  December,  1864. 
M.  OLIVER,  Sec' y  of  State. 


The  Missouri  State  Convention  assembled 
in  the  small  hall  of  the  Mercantile  Library 
building,  in  the  city  of  St.  Louis,  on  Friday, 
the  sixth  day  of  January,  eighteen  hundred 
and  sixty-five,  pursuant  to  the  above  act. 
and  was  called  to  order  by  Charles  D. 
Drake,  of  St.  Louis,  who  nominated 
Arnold  Krekel,  of  St.  Charles,  as  tem- 
porary Chairman,  who  was  elected. 


7 


On  motion  of  Ferdinand  Meyer,  of 
St.  Louis,  Amos  P.  Foster  of  Franklin 
county,  was  elected  to  act  as  temporary 
Secretary . 

On  motion  of  Mr.  Drake,  Rev.  Thomas 
Cole  was  invited  to  open  the  Convention 
with  prayer,  which  he  came  forward  and 
did. 

Mr.  Strong  of  St.  Louis,  offered  the  fol- 
lowing- resolution,  which  was  adopted: 

Resolved,  That  the  Chair  appoint  a  com- 
mittee of  five  to  receive  and  examine  the 
credentials  of  members  of  the  Convention, 
and  that  the  committee  be  directed  to  report 
to-morrow  morning-  at  10  o'clock. 

The  Chair  appointed  the  following-  as  such 
committee,  viz  :  Messrs.  Strong,  of  St. 
Louis;  Green,  of  Marion;  Bpnham,  of  An- 
drew; Mack,  of  Green,  and  Sutton,  of 
Wayne . 

Mr.  Meyer  of  St.  Louis,  offered  the  fol- 
lowing resolution : 

Resolved,  That  a  committee  of  three  be 
appointed  by  the  Chair,  whose  duty  it  shall 
he  to  contract  with  a  suitable  person,  pro- 
perly qualified,  to  report  the  proceedings  of 
this  Convention,  and  that  they  report  to- 
morrow morning  at  10  o'clock. 

Upon  suggestion,  the  resolution  was  tem- 
porarily withdrawn. 


Mr.  Green,  of  Marion,  offered  the  follow - 
I  ing  resolution,  which  was  adopted: 

Resolved,  That  a  committee  of  five  be  ap- 
pointed by  the  Chair  to  report  what  officers 
are  necessary  to  be  appointed  by  the  Con- 
vention for  the  transaction  of  its  business. 

The  Chair  appointed  the  following  as  such 
committee,  viz:  Messrs.  Green,  of  Marion; 
Owens,  of  Franklin;  Gilstrap,  of  Macon; 
Drake,  of  St.  Louis,  and  Fletcher,  of  Jef- 
ferson . 

Mr.  D'Oench,  of  St.  Louis,  offered  the 
following  resolution,  which  was  adopted: 

Resolved.  That  a  committee  of  three  be 
appointed  by  the  Chair,  for  the  purpose  of 
perfecting  the  arrangements  in  reference  to 
the  hall  and  seats  for  the  accommodation  and 
use  of  the  Convention. 

The  Chair  appointed  as  such  committee 
the  following  gentlemen,  viz  :  Messrs. 
D'Oench,  Bush,  and  Meyer,  of  St.  Louis. 

Mr.  Owens,  of  Franklin,  offered  the  fol- 
lowing resolution,  which  Was  .adopted: 

Resolved,  That  a  committee  of  three  be 
appointed  by  the  Chair  to  report  rules  tor 
the  government  of  this  Convention  and  its 
proceedings . 

The  Chair  appointed  as  such  committee. 
Messrs.  Owens,  Clover,  and  Thilenius. 

Upon  motion,  the  Convention  adjourned 
till  11  o'clock  to-morrow  morning:. 


SECOND  DAY. 


The  Convention  met  pursuant  to  adjourn- 
ment. 

Prayer  by  Rev.  Thomas  Cole. 
The  Secretary  called  the  roll,  and  the  fol- 
lowing members  answered  to  their  names : 

Messrs.  Bedford,  Bonham.  Budd,  Bunce, 
Bush,  Childress.  Clover,  Cowden,  Davis  of 
New  Madrid,  Davis  of  Nodaway,  Dodson, 
D'Oench,  Drake,  Esther,  Evans.  Filley. 
Fohnsbee,  Fulkerson,  Gilbert  of  Lawrence. 
Gilbert  of  Platte,  Gilstrap,  Grammer. 
Green,  Harris,  Henderson.  Hoicomb, 
Holdsworth,  Holland,  Hughes,  Hume, 
Husmann,  King.  Krekel,  Leonard.  Lin- 
ton, McKernan,  McPherson.  Mack.  Mar- 
tin, Meyer,  Mitchell,  Morton,  Newgent, 
Mxdorf,  Owens,  Peck,  Rankin,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen,  Switzler,  Thilenius,  Weath- 
erby,  and  Williams  of  Caldwell . 


SATURDAY,  January  7th,  1865. 

The  journal  of  yesterday's  proceedings 
was  read,  and,  on  motion  of  Mr.  Drake, 
the  Secretary  was  ordered  to  strike  out  the 
word  "honorable"  where  it  occurs  in  the 
records. 

Journal  of  proceedings  approved. 

Mr.  Strong,  Chairman  of  the  Committee 
on  Credentials,  presented  the  following  re- 
port: 

The  Committee  on  Credentials  would  re- 
spectfully report  that  the  following  persons 
appear  to  have  been  duly  elected  members  of 
this  Convention: 

From  the  First  Senatorial  District — Arnold 
Krekel,  of  St.  Charles  county. 

From  the  Second  Senatorial  District — John 
W.  Gamble,  of  Audrain  county,  and  Alex- 
ander H.  Martin,  of  Lincoln  county. 

From  the  Third  Senatorial  District—  Wil- 


8 


Ham  F.  Switzler,  of  Boone  county,  and 
Thomas  B.  Harris,  of  Callaway  county. 

From  the  Fourth  Senatorial  District — 
Moses  P.  Green,  of  Marion  county,  and 
John  II.  Holdsworth,  of  Monroe  county. 

From  the  Fifth  Senatorial  District — James 
1  \  Mitchell,  of  Lewis  county  . 

From  the  Sixth  Senatorial  District— Ethan 
A.  Holeomb,  of  Chariton  county,  and  Eeeves 
Leonard,  of  Howard  comity. 

From  the  Seventh  Senatorial  District — 
Aimer  L.  Gilstrap,  of  Macon  county,  and 
[shamB.  Dodson,  of  Adair  county. 

From  the  Eighth  Senatorial  District — John 
II.  Ellis,  of  Livingston  county. 

From  the  Ninth  Senatorial  District — Knight 
G.  Smith,  of  Mercer  county,  and  William 
II.  Folmsbee,  of  Daviess  county. 

From  the  Tenth  Senatorial  District— Jere- 
miah Williams,  of  Caldwell  county. 

From  the  Eleventh  Senatorial  District — 
David  Bonham,  of  Andrew  county,  and 
John  H.  Davis,  of  Nodaway  county. 

From  the  Twelfth  Senatorial  District — 
Lewis  H,  Weatherby,  of  DeKalb  county, 
and  Eli  Smith,  of  Worth  county. 

From  the  Thirteenth  Senatorial  District — 
Samuel  A.  Gilbert,  of  Platte  county,  and 
William  A.  Morton,  of  Clay  county.* 

From  the  Fourteenth  Senatorial  District — 
JohnR.  Swearingen,  of  Jackson  county,  and 
Andrew  G.  Newgent,  of  Jackson  county. 

From  the  Fifteenth  Senatorial  District — 
Willis  S.  Holland,  of  Henry  county. 

From  the  Sixteenth  Senatorial  District — 
Frederick  M.  Fulkerson,  of  Saline  county, 
and  Benjamin  F.  Hughes,  of  Pettis  county. 

From  the  Seventeenth  Senatorial  District 
— Jonathan  T.  Rankin,  of  Dade  county,  and 
Philip  J.  Rohrer,  of  Cedar  county. 

From  the  Eighteenth  Senatorial  District — 
Joel  M.  Grammer,  of  Barry  county,  and 
Archibald  Gilbert,  of  Lawrence  county . 

From  the  Nineteenth  Senatorial  District- 
Robert  L.  Childress,  of  Webster  county,  and 
John  A.  Mack,  of  Green  county. 

From  the  Twentieth  Senatorial  District- 
Rives  C.  Cowclen,  of  Polk  county,  and  John 
Esther,  of  Laclede  county. 

From  the  Twenty -first  Senatorial  District 
— James  W.  Owens,  of  Franklin  county, 
and  George  Husmann,  of  Gasconade  county. 

From  the  Twenty-second  Senatorial  Dis- 
trict—Ellis G.  Evans,  of  Crawford  county, 
andgDavid  Henderson,  of  Dent  county. 

From  the  Twenty-third  Senatorial  .Dis- 
trict— John  W.  Fletcher,  of  Jefferson  county. 

From  the  Twenty-fourth  Senatorial  Dis- 
trict— Dorastus  Peck,  of  Iron  county,  and 
James  T.  Sutton,  of  Wayne  county.  * 

From  the  Twenty-fiftli  Senatorial  District 
— Alfred  M.  Bedford,  of  Mississippi  county, 
and  Samuel  T.  Davis,  of  New  Madrid  county. 

From  the  Twenty-sixth  Senatorial  District 
— George  C.  Thilenius,  of  Cape  Girardeau 
county,  and  Archibald  M.  McPherson,  of 
Perry*  county . 

From  the  Twenty -seventh  Senatorial  Dis- 
trict— John  F.  Mckernan,  of  Cole  county, 
and  Anton  P.  Nixdorf,  of  Miller  county. 


From  the  Twenty-eighth  Senatorial  Dis- 
trict— Joseph  F.  Hume,  of  Moniteau  county, 
and  Harvey  Bunce,  of  Cooper  county. 

From  the  Twenty-ninth  Senatorial  Dis- 
trict— William  D'Oeuch,  of  St.  Louis  county- 
Henry  A.  Clover,  of  St.  Louis  county;  Wyl- 
lys  King,  of  St.  Louis  county;  Chaunceyl. 
Filley,  of  St.  Louis  county;  Charles  D. 
Drake,  of  St.  Louis  county;  Ferdinand 
Meyer,  of  St.  Louis  county;  George  K. 
Budd,  of  St.  Louis  county;  Moses  L.  Lin- 
ton, of  St.  Louis  county;  Isidor  Bush,  of 
St.  Louis  county,  and  George  P.  Strong,  of 
St.  Louis  county. 

All  of  whom  have  presented  certificates  of 
election  in  due  form,  except  James  P. 
Mitchell,  of  the  Fifth  District,  and  George 
Husmann,  of  the  Twenty-first  District, 
whose  certificates  have  been  left  at  home,  or 
have  failed  to  reach  them;  also,  Messrs. 
Rankin  and  Rohrer,  of  the  Seventeenth  Dis- 
trict, who  have  presented  certificates  from 
the  Secretary  of  State.  The  Committee  are 
satisfied  that  these  four  gentlemen  have  been 
duly  elected  members  of  this  Convention. 
The  Committee,  therefore,  recommend  that 
the  above  named  persons  be  enrolled  as 
members  of  this  Convention. 

Ail  of  which  is  respectfullv  submitted. 
GEORGE  P.  STRONG,  Chairman. 

St.  Louis,  January  6,  1864. 

Mr.  Green,  Chairman  of  the  Committee 
on  Permanent  Officers ,  made  the  following 
report : 

To  the  President  of  the  Missouri  State  Conven- 
tion: 

The  committee  appointed  to  report  on  per- 
manent officers  needed  by  the  Convention  for 
the  transaction  of  business,  beg  leave  to 
report  as  follows:  That,  in  their  opinion, 
there  should  be  a  President,  Vice  President, 
Secretary,  Assistant  Secretary,  Doorkeeper, 
and  Sergeant-at-arms. 

Respectfully  submitted, 

M.  P.  GREEN,  Chairman. 

On  motion  of  Mr.  Drake,  the  Convention 
proceeded  to  the  election  of  permanent  offi- 
cers . 

Nominations  for  President  being  in  order, 
Mr.  Owens  placed  in  nomination  Mr.  Henry 
A.  Clover,  of  St.  Louis. 

Mr.  Folmsbee  placed  in  nomination  Mr. 
Arnold  Krekel,  of  St.  Charles. 

Mr.  Linton  placed  in  nomination  Mr. 
George  K.  Budd,  of  St.  Louis. 

Mr.  Budd  withdrew  his  name. 

The  vote  being  taken,  Mr.  Krekel  received 
36  votes,  and  Mr.  Clover  received  20  votes, 
as  follows : 

For  Mr.  Krekel — Messrs.  Bonham,  Chil- 
dress, Clover,  Cowden,  Davis  of  Nodaway, 
Dodson,  D'Oench,  Drake,  Ellis.  Esther, 
Filley,  Folmsbee,  Gamble,  Fulkerson,  Gil- 


9 


bert  of  Lawrence,  Gilstrap.  Green,  Hoi-  [ 
comb,  Holdsworth,  Holland.  Hume.  Hus- 
mann. King',  Linton,  MePherson,  Mack, 
Martin,  Mitchell,  Peck,  Eankin,  'Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Sutton, 
Weatherby,  and  Williams  of  Caldwell— 36. 

For  Mr  .Clover— Messrs.  Bedford,  Budd. 
Bush.  Davis  of  New  Madrid,  Evans,  Fletch- 
er, Harris.  Hughes.  Krekel,  Leonard,  Mc- 
Kernan,  Meyer,  Morton.  Newgent,  Nixdorf, 
Owens.  Strong,  Swearingen,  Switzler,  and 
Thilenius— 20. 

Absent — Messrs.  Bunce.  Gilbert  of  Platte, 
Grammer.  and  Henderson — 1. 

Mr.  Krekel  having  received  a  majority  of 
all  the  votes  cast,  was  declared  duly  elected 
President  of  the  Convention,  which,  on 
motion  of  Mr.  Bush,  was  declared  unani- 
mous by  acclamation . 

Upon  motion.  Messrs.  Gilstrap  and  Drake 
were  appointed  a  committee  to  conduct  Mr. 
Krekel  to  the  chair,  which  was  done. 

Nominations  for  Vice  President  being  next 
in  order,  Mr.  Clover  placed  in  nomination 
Mr.  Charles  D.  Drake,  of  St.  Louis,  and 
moved  he  be  declared  the  unanimous  choice 
of  the  Convention  by  acclamation,  which 
was  agreed  to. 

Nominations  for  Secretary  being  next  in 
order,  Mr.  Meyer,  of  St.  Louis,  placed  in 
nomination  Mr.  Amos  P.  Foster,  of  Frank- 
lin county .  for  Secretary  of  the  Convention ; 
and.  upon  motion  of  Mr.  D'Oexch,  he  was 
declared  unanimously  elected  by  acclama- 
tion. 

Nominations  for  Assistant  Secretary  being 
next  in  order,  Mr.  Gilstrap  placed  in  nomi- 
nation Mr.  Thomas  Proctor,  of  Macon 
county . 

Mr.  Budd  placed  in  nomination  Mr.  S.  E. 
Weed,  of  St.  Louis. 

Col.  J.  W.  Stephens  and  Capt.  Leeper 
were  also  placed  in  nomination,  but  their 
names  were  withdrawn. 

The  vote  was  then  taken  and  resulted  as 
follows : 

For  Thomas  Proctor — Messrs.  Bedford, 
Bonham.  Childress,  Davis  of  Nodaway, 
Dodson,  Esther,  Folmsbee,  Fulkerson, 
Gamble.  Gilbert  of  Lawrence,  Gilstrap^ 
Green.  Holcomb,  Holdsworth,  Holland! 
Hume.  McKernan.  McPherson,  Mack.  Mit- 
chell,  Newgent,  Nixdorf,  Peck.  Rohrer, 
Smith  of  Mercer.  Smith  of  Worth,  Sutton. 
Swearingen,  Thilenius, !  Weatherby.  and 
Williams  of  Caldwell— 31 . 

For  Mr.  Weed  — Messrs.  Budd,  Bush, 
Clover,  Cowden,  Davis  of  New  Madrid, 
Drake,  D'Oench,  Evans.  Filley,  Fletcher. 


|  Gilbert  of  Platte,  Harris,  Husmann,  Hughes, 
King,  Leonard,  Linton,  Martin,  Meyer, 
Morton.  Owens,  Strong,  Switzler.  and  Mr. 
President— 24. 

Absent — Messrs.  Bunce,  Ellis,  Grammer, 
Henderson,  and  Eankin — 5. 

Mr.  Proctor  having  received  a  majority  of 
all  the  votes  cast,  was  declared  duly  elected 
as  Assistant  Secretary. 

Nominations  for  Doorkeeper  being  next  in 
order.  Mr.  D'Oexch  placed  in  nomhiation 
Mr.  Schuster,  of  St.  Louis,  and  Mi*.  Meyer 
placed  in  nomination  Mr.  Henry  J.  Stierlin, 
of  St.  Louis,  and  the  vote  being  taken  stood 
as  follows : 

For  Mr.  Stierlix — Messrs.  Bedford.  Bon- 
ham, Budd,  Childress,  Davis  of  New  Mad- 
rid, Davis  of  Nodaway,  Dodson,  Drake, 
Esther,  Filley.  Fletcher,  Folmsbee,  Fulker- 
son. Gamble,  Gilstrap,  Gilbert  of  Lawrence, 
Gilbert  of  Platte,  Green,  Holcomb,  Holds- 
worth,  Holland,  Hughes,  Hume,  Husmann, 
King;  Leonard,  Linton,  McKernan,  Mc- 
Pherson, Mack.  Martin,  Meyer,  Mitchell. 
Newgent,  Nixdorf.  Owens,  Peck,  Eankin, 
Rohrer,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Swearino-en,  Switzler,  Thi- 
lenius. Weatherby,  Williams  of  Caldwell, 
and  Mi*.  President— 49 . 

For  Mr.  Schuster — Messrs.  Bush,  Clover, 
Cowden,  and  D'Oench— 4. 

Absext — Messrs.  Bunce.  Ellis,  Evans. 
Grammer,  Harris,  Henderson.  Morton — 7. 

Mr.  Stierlin  having  received  a  majority  of 
all  the  votes  cast  ,  was  declared  duly  elected 
Doorkeeper. 

Nominations  for  Sergeant-at-arms  being- 
next  in  order.  Mr.  Stroxg  nominated  Mr. 
John  W.  Stephens,  of  Phelps  county,  and 
Mr.  Owexs  nominated  Mr.  Hequemburg,  of 
St.  Louis,  and  the  vote  being  taken  stood  as 
follows : 

For  Mr.  Stephexs  —  Messrs.  Bedford, 
Bonham.  Childress.  Clover.  Cowden,  Davis 
of  New  Madrid,  Davis  of  Nodaway,  Dodson, 
Ellis.  Esther.  Evans,  Gamble /Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Gilstrap,  Green, 
Harris.  Henderson.  Holland.  Holdsworth, 
Hume,  Leonard.  Mack,  Martin,  Mitchell, 
Morton.  Newgent,  Peck.  Eankin,  Strong, 
Sutton.  Swearingen.  and  Mr.  President — 33. 

For  Mr.  Hequemburg  —  Messrs.  Budd, 
Bunce.  Bush.  D'Oench,  Drake.  Filley, 
Fletcher.  Folmsbee,  Fulkerson,  Holcomb, 
Hughes,  Husmann.  King.  Linton.  McPher- 
son. McKernan.  Meyer,  Nixdorf.  Owens, 
Smith  of  Mercer,  Thilenius.  and  Williams  of 
Caldwell— 22. 

Absext  —  Messrs.  Grammer,  Rohrer, 
Smith  of  Worth.   Switzler,  Weatherby — 5. 

Mr.  Stephens  having  received  a  majority 
of  all  the  votes  cast,  was  declared  duly 
elected  Sergeant-at-arms . 


10 


Upon  motion  of  Mr.  Budd,  the  law  au- 
thorizing the  holding  of  this  Convention  was 
ordered  to  he  spread  upon  the  journal. 

Mr.  Gilstrap  offered  the  following  reso- 
lution, which  was  read  and  agreed  to: 

Resolved,  That  the  President  appoint  two 
Pages  for  the  Convention. 

The  President  appointed  Masters  George 
H.  Pratt  and  Charles  A.  T.  Stock,  as  Pages. 

Mr.  Drake  offered  the  following  resolu- 
tion : 

Resolved,  That  the  Rev.  Thomas  Cole  be 
appointed  Chaplain  ot  the  Convention  during 
its  sessions. 

Mr.  Strong  offered  the  following1  as  a 
substitute : 


Resolved,  That  a  committee  of  three  be 
appointed  to  arrange  with  the  loyal  clergy- 
men of  St.  Louis  to  attend  the  meetings  of 
this  Convention  each  morning,  to  open  them 
with  prayer. 

Mr.  Filley  offered  the  following  resolu- 
tion : 

Resolved,  That  the  Rev.  Mr.  Cole  be  ap- 
pointed by  the  President  Chaplain  of  the 
Convention,  and  that  a  committee  of  three 
be  appointed  to  arrange  with  the  loyal  clergy 
of  the  State  to  open  the  proceedings  of  the 
Convention  every  morning  with  prayer. 

After  debate,  the  substitute  offered  by  Mr. 
Strong  was  adopted. 

On  motion,  the  Convention  adjourned  un- 
til next  Monday  morning  at  10  o'clock. 


THIRD   D  A.  Y. 


MONDAY,  January  9th,  1S65. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  was  offered  by  Rev.  Dr.  Nelson. 

The  Secretary  called  the  roll  of  members, 
and  the  following  gentlemen  answered  to 
their  names  : 

Messrs.  Bedford,  Bonham,  Budd,  Bunee, 
Bush,  Childress,  Clover,  Cowden,  Davis  of 
New  Madrid,  Davis  of  Nodaway,  Dodson, 
D'Oench,  Drake,  Ellis,  Esther,  Evans, 
Filley,  Fletcher,  Folmsbee,  Fulkerson, 
Gamble,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Gilstrap,  Grammer,  Green,  Harris, 
Hoi  comb,  Holdsworth,  Holland,  Hughes, 
Hume,  King,  Leonard,  Linton,  McKernan, 
McPherson.  Mack,  Martin,  Meyer,  Mitchell, 
Morton,  Newgent,  Nixdorf,  Owens,  Peck, 
Rankin,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen,  Switzler,  Thi- 
lenius,  Weatherby,  Williams  of  Caldwell, 
and  Mr.  President — 58. 

Absent  —  Messrs.  Henderson,  Husmann, 
and  Rohrer — 3. 

The  journal  of  the  proceedings  of  the  last 
session  was  read  and  approved. 

Mr.  Meyer  offered  the  following  resolu- 
tion ,  which  was  adopted : 

Resolved,  That  a  committee  of  three  be  ap- 
pointed, whose  duty  it  shall  be  to  contract 
with  a  suitable  person  or  persons,  properly 
qualified,  to  report  the  debates  and  proceed- 
ings of  this  Convention . 

Mr.  D'Oench  offered  the  following  resolu- 
tion, which  was  adopted: 


Resolved,  That  the  oath  of  the  Convention 
be  administered  to  the  Secretary,  Assistant 
Secretary,  Doorkeeper  and  Sergeant-at-arms. 

Judge  Owens  came  forward  and  adminis- 
tered the  oath  to  the  said  officers . 

Mr.  Strong,  from  the  Committee  on  Cre- 
dentials ,  submitted  the  following : 

The  Committee  on  Credentials  would  re- 
spectfully report,  that  William  B.  Adams 
has  presented  a  certificate  of  his  election  as  a 
member  of  this  Convention,  in  due  form,  and 
we  recommend  that  he  be  enrolled  as  a  mem- 
ber of  this  body,  from  the  First  Senatorial 
District. 

By  order  of  the  committee . 

GEO.  P.  STRONG,  Chairman. 

St.  Louis,  Jan.  9,  1865. 

Mr.  Budd  offered  the  following  resolution, 
which  was  withdrawn : 

Resolved,  That  in  the  absence  of  the  report 
of  the  Committee  on  Rules  for  the  govern- 
ment of  this  Convention,  the  rules  contained 
in  Jefferson's  Manual  shall  govern  this  body  . 

Mr.  Owens,  Chairman  of  the-  Committee 
on  Rules  for  the  Government  of  the  Conven- 
tion, presented  the  following  report: 

Mr.  President  :  The  committee  which 
was  appointed  to  report  rules  for  the  govern- 
ment of  this  Convention,  would  most  re- 
spectively report,  that  they  recommend  the 
adoption  of  the  rules  adopted  by  a  Conven- 
tion which  assembled  in  the  City  of  Jeffer- 
son, on  the  17th  day  of  November,  1845, 
and  found  on  pages  11,  12,  13,  14,  15  and  23, 


11 


except  the  following  words  in  rule  2sTo .  49 : 
' '  And  no  member  shall  be  allowed  pay  for 
any  day  that  he  shall  be  absent  from  the  ses-  I 
sion  of  the  Convention,  unless  he  shall  be  j 
prevented  from  attending-  from  sickness . ' ' 

We  also  recommend  the  adoption  of  the  I 
following  additional  rule  : 

' '  That  it  shall  be  the  duty  of  the  Vice 
President  to  discharge  the  'duties  of  the 
Chair  when  the  President  of  the  Convention  1 
shall  be  temporarily  absent,  and  when  the  j 
President  shall  be  otherwise  engaged. ' ' 

Your  committee  would  further  recommend  j 
the  adoption  of  this  report,  and  that  one 
hundred  copies  of  said  rules  be  printed  for 
the  use  of  the  Convention. 

O WEXS ,  Chairman. 

Upon  motion,  the  report  was  adopted. 
The  rules  reported  are  as  follows : 

RULES  FOR  THE  GOVERNMENT  OF  THE  CONVEN- 
TION TO  REVISE  AND  ALTER  THE  CONSTITU- 
TION OF  THE  STATE  OF  MISSOURI. 

OF  THE  PRESIDENT. 

First.  He  shall  take  the  chair  every  day  at 
the  hour  to  wilich  the  Convention  shall  have 
adjourned;  shall  immediately  call  the  mem- 
bers to  order,  and,  on  the  appearance  of  a 
quorum,  shall  cause  the  journal  of  the 
preceding  day  to  be  read. 

Second.  He  shall  preserve  order  and  de- 
corum ;  may  speak  to  points  of  order  in 
preference  to  the  members,  rising  from  his 
seat  for  that  purpose;  and  shall  decide  all 
questions  of  order,  subject  to  an  appeal  to 
the  Convention,  by  any  two  members;  on 
which  appeal  no  member  shall  speak  more 
than  once,  unless  by  leave  of  the  Convention. 

Third.  He  shall  rise  to  put  a  question,  but 
may  state  it  sitting . 

Fourth.  When  a  question  has  been  put,  if 
the  President  doubts,  or  if  a  division  be 
called  for,  the  Convention  shall  divide:  those 
in  the  affirmative  shall  rise  from  their  seats, 
and  afterward  those  in  the  negative.  The 
President  shall  then  arise  and  state  the  deci- 
sion of  the  Convention. 

Fifth.  All  committees  shall  be  appointed 
by  the  President,  unless  otherwise  specially 
directed  by  the  Convention,  in  which  case 
they  shall  be  appointed  by  an  open  vote  of 
the  Convention. 

Sixth.  The  President  shall  examine  and 
correct  the  journal  before  it  is  read;  he  shall 
have  a  general  superintendence  of  the  hall; 
he  shall"  have  the  right  to  name  any  member 
to  .perform  the  duties  of  the  Chair;  but  such 
substitution  shall  not  extend  beyond  an  ad- 
journment. 

Seventh.  In  case  of  any  disturbance  or  dis- 
orderly conduct  in  the  lobby,  he  (or  the 
Chairman  of  the  Committee  of  the  Whole. 
Convention)  shall  have  power  to  order  the  j 
same  to  be  cleared . 

Eighth.  No  person  shall  be  admitted  within 
the  bar  but  members  and  officers  of  the  Con- 
vention, and  such  other  persons  as  may  be  | 
invited  by  a  member  of  the  Convention  to  a 
seat  within  the  bar. 


OF  DECORUM  AND  DEBATE. 

Ninth.  When  any  member  is  about  to  speak 
in  debate ,  or  deliver  any  matter  to  the  Con- 
vention, he  shall  rise  from  his  seat  and 
respectfully  address  himself  to  the  President. 

Tenth.  If  any  member,  in  speaking,  or 
otherwise,  shall  transgress  the  rules  of  the 
Convention,  the  President  shall,  or  any 
member  may.  call  to  order;  in  wilich  case 
the  member  so  called  to  order  shall  imme- 
diately sit  down,  unless  permitted  to  explain: 
and  the  Convention,  if  appealed  to.  shall 
decide  on  the  case,  but  without  debate;  if 
there  be  no  appeal,  the  decision  of  the  Chair 
shall  be  submitted  to.  If  the  decision  be  in 
favor  of  the  member  called  to  order,  he 
shall  be  at  liberty  to  proceed;  if  otherwise, 
and  the  case  require  it,  he  shall  be  liable  to 
the  censure  of  the  Convention. 

Eleventh.  When  two  or  more  members 
shall  rise  at  once,  the  President  shall  name 
the  person  who  is  first  to  speak. 

Twelfth.  No  member  shall  make  use  of 
an}'  intemperate,  personal,  or  improper  lan- 
guage, nor  commit  any  breach  of  order 
during  the  session  of  the"  Convention . 

Thirteenth.  No  member  shall  speak  more 
than  twice  on  the  same  question,  without 
leave  of  the  Convention;  nor  more  than  once, 
until  every  member  choosing  to  speak  shall 
have  spoken. 

Fourteenth.  Whilst  the  President  is  putting 
any  question,  or  addressing  the  Convention", 
no" person  shall  walk  out  "of .  or  across,  the 
hall;  nor  in  such  case,  or  when  a  member  is 
speaking,  shall  entertain  private  discourse; 
nor  whilst  a  member  is  speaking,  shall  pass 
between  him  and  the  Chair. 

Fifteenth.  Xo  member  shall  vote  on  any 
question  in  the  event  of  which  he  is  imme- 
diately and  particularly  interested,  or  in  any 
other" case  when  he  was  not  present  when 
the  question  was  put,  without  leave  of  the 
Convention. 

Sixteenth.  Upon  a  division  and  count  of 
the  Convention  on  any  question,  no  member 
without  the  bar  shall  "be  counted. 

Seventeenth.  Every  member  wiio  shall  be 
in  the  Convention  "when  a  question  is  put 
shall  vote,  unless  the  Convention,  for  special 
reasons,  shall  excuse  him. 

Eighteenth.  All  motions  and  propositions 
shall  be  in  writing,  and  signed  by  the  mover, 
except  motions  to  adjourn,  to  refer,  to  post- 
pone, to  print,  to  lay  on  the  table,  or  for 
the  previous  question,  or  leave  of  absence; 
and  every  member  making  a  proposition 
shall,  in  his  place,  read  it  "distinctly  to  the 
Convention . 

Nineteenth.  When  a  question  is  made  and 
seconded,  it  shall  be  stated  by  the  President, 
or,  being  in  writing,  it  shall  be  handed  to 
the  Secretary,  and  by  him  read  aloud  before 
debated . 

Twentieth.  After  a  motion  is  stated  by 
the  President,  or  read  by  the  Secretary,  it 
shall  be  deemed  to  be  in  the  possession  of 
the  Convention,  but  may  be  withdrawn  at 
any  time  before  a  decision  or  amendment. 


12 


Twenty -first.  When  a  question  is  under 
debate,  no  motion  shall  be  received  but  to 
adjourn,  to  lay  on  the  table,  for  the  previous 
question,  to  postpone  to  a  day  certain,  to 
commit  or  amend,  to  postpone  indefinitely; 
which  several  motions  shall  have  precedence 
in  the  order  in  which  they  are  arranged,  and 
no  motion  to  postpone  to  a  day  certain,  to 
commit,  or  postpone  indefinitely,  being  de- 
cided, shall  be  again  allowed  on  the  same 
day,  and  at  the  same  stage  of  the  proposi- 
tion . 

Twenty -second.  A  motion  to  adjourn  shall 
always  be  in  order,  and  shall  be  decided 
without  debate. 

Twenty-third.  All  questions  except  those 
enumerated  in  rule  twenty -first,  shall  be 
put  in  the  order  in  which  they  are  moved, 
except  that  infilling  up  blanks,  the  largest 
sum  and  the  largest  time  shall  be  first  put. 

Twenty-fourth .  The  previous  question  shall 
be  in  this  form :  '  'Shall  the  main  question  be 
now  put?' '  It  shall  only  be  admitted  when 
demanded  by  two-thirds  of  the  members 
present;  and  until  it  is  decided,  shall  pre- 
clude all  amendments  and  further  debate  of 
the  main  question,  and  must  be  decided 
without  debate. 

Twenty-fifth.  When  the  Convention  ad- 
journs, every  member  shall  keep  his  seat 
until  the  President  leaves  his  seat. 

Twenty-sixth.  Any  member  may  call  for  a 
division  of  the  question  when  the  sense  will 
ad  nut  of  it. 

Twenty -seventh.  A  motion  for  commit- 
ment, till  it  is  decided,  shall  preclude  all 
amendments  of  the  main  question. 

Twenty-eighth.  Motions,  reports  and  other 
business  may  be  committed  at  the  pleasure 
of  the  Convention . 

Twenty-ninth.  No  new  motion  or  proposi- 
tion on  a  subject  different  from  that  under 
consideration  shall  be  admitted  under  color 
of  amendment,  or  as  a  substitute  for  the 
motion  or  proposition  under  debate. 

Thirtieth.  When  a  motion  or  proposition 
has  been  once  carried  in  the  affirmative  or 
negative,  it  shall  be  in  order  for  any  member 
of  the  prevailing  party  to  move  for  the  con- 
sideration thereof  at  any  time  within  three 
sitting  days  after  such 'decision,  provided 
that  the  proposition  which  may  be  adopted 
or  rejected  shall  always  be  subject  to  recon- 
sideration after  two  days'  notice  being  given 
thereof. 

Thirty  first .  When  the  reading  of  a  paper 
is  called  for,  and  the  same  is  objected  to  by 
any  member,  it  shall  be  determined  by  a 
vote  of  the  Convention. 

Thirty-second.  The  unfinished  business  in 
which  the  Convention  was  engaged  at  the 
time  of  the  last  adjournment,  shall  have 
the  preference  in  the  orders  of  the  day ;  and 
no  motion,  or  any  other  business,  shall  be 
received  without  special  leave  of  the  Con- 
vention, until  the  former  is  disposed  of;  but 
any  business  that  is  made  the  order  of  a 
particular  day,  shall  have  the  preference 
over  other  business  on  that  day. 

Thirty-third.  Any  seven  members  shall  be 


authorized  to  compel  the  attendance  of  ab- 
sent members  when  there  is  no  quorum 
present. 

Thirty-fourth.  Any  two  members  shall 
have  the  right  to  call  for  the  ayes  and  noes 
on  any  question. 

Thirty -fifth.  No  member  shall  absent  him- 
self from  the  Convention ,  unless  he  have 
leave,  or  be  sick  and  unable  to  attend. 

Thirty-sixth.  There  shall  be  a  committee 
of  elections,  whose  duty  it  shall  be  to 
examine  and  report  upon  the  credentials 
of  the  members  returned  to  serve  in  this 
Convention. 

Thirty-seventh.  No  standing  rule  shall  be 
rescinded  or  altered  without  one  day's  notice 
being  given  of  the  motion  therefor. 

Thirty-eighth.  The  Secretary  of  the  Con- 
vention shall  attend  during  its  session;  shall 
make  out  and  keep  its  journals;  seasonably 
record  all  its  proceedings;  keep  regular  files 
of  the  papers ;  attest  all  process  issued  by 
the  Convention,  and  execute  the  commands 
of  the  Convention. 

Thirty-ninth.  The  Secretary  shall  not  suffer 
any  records  or  papers  to  be  taken  out  of  his 
custody  by  any  member  or  other  person. 

Fortieth.  No  standing  rule  or  order  of  the 
Convention  shall  be  suspended  or  dispensed 
with,  without  the  concurrence  of  two -thirds 
of  the  members  present. 

Forty  first.  The  Convention  may,  at  any 
time,  resolve  itself  into  a  Committee  of  the 
Whole,  to  consider  the  existing  Constitution, 
and  such  propositions  for  the  amendment  or 
alteration  thereof,  as  shall  be  referred  to  or 
made  in  such  committee. 

Forty -second.  In  forming  the  Committee 
of  the  Whole,  the  President  shall  leave  the 
Chair,  and  a  chairman  to  preside  in  com- 
mittee shall  be  appointed  by  the  President  . 

Forty -third .  Every  member  addressing  the 
Convention ,  shall  confine  himself  strictly  to 
the  subject,  matter  under  debate. 

Forty-fourth.  There  shall  be  a  standing 
committee  of  five,  whose  duty  it  shall  be  to 
revise  every  article  or  amendment  of  the 
Constitution,  after  it  is  adopted  by  the 
Convention,  and  report  the  same  to  the 
Convention  on  the  next  day,  or  as  soon 
thereafter  as  practicable  ;  and  after  beinof 
thus  reported,  it  shall  be  read  on  two  several 
days  before  it  shall  be  finally  acted  on ;  and 
it  amended  after  being  thus  reported,  it  shall 
again  in  like  manner  be  referred  to,  and 
reported  by,  the  said  committee,  and  again 
acted  on  by  the  Convention  in  the  manner 
above  provided. 

Forty-fifth.  All  select  committees  shall 
consist  of  three  members,  unless  otherwise 
ordered . 

Forty-sixth.  All  committees  shall  be  ap- 
pointed by  the  President,  unless  otherwise 
ordered. 

Forty -seventh .  All  questions  relating  to  the 
priority  of  debate  shall  be  acted  on  without 
debate . 

Forty-eighth.  No  member  or  other  person 
shall  be  permitted  to  smoke  within  the  hall 
or  lobby  at  any  time  whatever. 


13 


Forty-ninth.  A  commiteee  of  three  mem- 
bers shall  be  appointed  by  the  President, 
who  shall  scrutinize  and  pass  upon  all  ac- 
counts, and  keep  in  a  book  a  correct  state- 
ment thereof,  and  shall  take  the  necessary 
steps  to  prevent  the  allowance  of  all  improper 
and  unjust  claims. 

Fiftieth.  In  all  cases  not  provided  for  in 
these  rides,  the  parliamentary  practice  con- 
tained in  Jefferson's  Manual  shall  govern 
the  Convention. 

Fifty-first.  When  a  proposition  is  made 
to  ainerid  the  Constitution,  it  shall  be  read 
the  first  time  for  information ,  and  if  no  ob- 
jection be  made  thereto,  it  shall  be  ordered 
to  a  second  reading,  as  a  matter  of  course; 
but  if  objected  to  on  the  first  reading,  the 
onlv  question  shall  be  :  ■  *  Shall  the  proposi- 
tion be  rejected?'"  If  not  rejected,  it  shall 
go  to  a  second  reading,  as  a  matter  of  course; 
and  the  second  reading  shall  be  on  a  subse- 
quent day.  After  the  second  reading,  it 
may  be  referred,  amended,  or  otherwise  dis- 
posed of,  as  a  bill  on  its  second  reading;  and 
before  it  is  ordered  to  a  third  reading,  it 
shall  be  engrossed,  and  upon  the  third  read- 
ing the  question  shall  be :  ' 4  Shall  the  amend- 
ment be  adopted?"  and  if  adopted,  it  shall 
go  without  a  question  to  the  Eevising  Com- 
mittee . 

Fifty-second.  That  it  shall  be  the  duty  of 
the  Vice  President  to  discharge  the  duties  of 
the  Chair  when  the  President  of  the  Conven- 
tion shall  be  temporarily  absent,  and  when 
the  President  shall  be  otherwise  engaged. 

Mr.  D'Oexch  offered  the  following  reso- 
lution : 

Resolved,  That  the  Sergeant-at-arms  be 
instructed  to  procure,  during  the  session  ot 
the  Convention,  for  each  member,  one  copy 
of  the  Daily  St.  Louis  Democrat. 

Mr.  Harris  moved  to  amend  by  adding 
thereto  one  copy  of  the  Daily  St.  Louis 
Republican  for  each  member. 

Mr.  Boxham  moved  to  amend  by  allowing 
each  member  five  daily  papers — the  members 
to  make  their  own  selection. 

On  motion  of  Mr.  Owexs.  the  resolution 
and  proposed  amendments  were  laid  upon 
the  table . 

Mr.  Budd  offered  the  following  resolu- 
tion : 

Resolved,,  That  this  Convention  may  resolve 
itself,  at  any  time,  into  a  Committee  of  the 
Whole,  on  demand  of  any  one  member, 
seconded  by  a  majority  of  the  Convention; 
and,  when  so  sitting^,  the  President  shall 
vacate  the  Chair,  ancl  call  any  member  to 
preside  over  the  Committee. 

The  President  stated  that  this  proposition 
was  embraced  in  the  rules  as  adopted,  where- 
upon Mi*..  Budd  withdrew  his  resolution. 


Mi*.  Strong  offered  the  following  resolu- 
tion: 

Resolved.  That  the  Committee  on  Printing 
'  be  instructed  to  have  a  sufficient  number  of 
the  rules,  adopted  for  the  government  of 
this  body,  printed  for  the  use  of  the  mem- 
bers. 


The  matter  embraced  in  this  resolution 
being  embodied  in  the  report  presented  bv 
Mr.  Owens,  the  resolution  was  withdrawn. 

Mr.  Owexs  offered  the  following  ordi 
nance : 


■4- 


Be  it  ordained  by  the  People  of  the  State  of  Mis- 
souri, in  Co7ivention  assembled: 
Sectiox  1.  The  twenty-sixth,  twenty- 
seventh,  and  twenty-eighth  sections  of  the 
third  article  of  the  Constitution  are  hereby 
abrogated. 

Sec.  2.  That  an  ordinance  passed  by  the 
Convention  of  the  State  of  Missouri,  on  the 
first  day  of  July.  1863,  entitled  "An  ordi- 
nance to  provide  for  certain  amendments  of 
the  Constitution,  and  for  emancipation  of 
slaves,"  be,  and  the  same  is  hereby,  abol- 
ished. 

Sec.  3.  That  hereafter,  in  this  State,  there 
shall  be  neither  slavery  nor  involuntary  servi- 
tude, except  in  punishment  of  crime,  whereof 
the  party  shall  have  been  duly  convicted; 
and  all  persons  held  to  service  or  labor,  as 
slaves,  are  hereby  declared  free. 

Mr.  D*Oexch  offered  the  following  as  a 
substitute : 

AX  ORDIXAXCE  FOR  THE  ABOLITION  OF  SLAVERY 
IX  THE  STATE  OF  .MISSOURI. 

Be  it  ordained  by  the  People  of  the  Sta  te  of  Mis- 
souri, in  Convention  assembled,  as  follows  : 

Slavery  and  involuntary  servitude,  except 
for  crime,  are  hereby  abolished  in  this  State; 
and  all  negroes  and  mulattoes  now  held  as 
slaves  in  Missouri,  shall  become  absolutely 
free  from  and  after  the  passage  of  this  ordi- 
nance. 

Mr.  Strong  offered  the  following  ordi- 
nance of  emancipation: 

AX  ORDINANCE  FOR  THE  ABOLITION  OF  SLAVE- 
RY IX  THE  STATE  OF  MISSOURI. 

Whereas,  The  system  of  American  slavery, 
originating  in  grievous  wrong  to  a  weak  and 
helpless  race,  lias  proved  a  fruitful  source  of 
discord  and  alienation  among  the  States  of 
the  Federal  Union  —  a  fatal  error  in  our 
republican  principles,  destructive  of  the 
peace  of  the  nation,  of  the  prosperity  of  our 
civil  institutions,  and  has  at  length  involved 
us  in  a  rebellion,  unprovoked,  inexcusable 
in  its  origin,  and  unparalleled  in  the  atrocity 
and  wickedness  of  its  prosecution;  therefore, 
in  the  name  of  justice  and  humanity — to 
promote  the  welfare  of  the  African  race— the 
peace  and  prosperity  of  this  Commonwealth, 
and  the  perpetual  union  of  these  t Tinted 


14 


States — invoking-  the  blessing  of  Almighty 
God  upon  the  act — we,  the  people  of  Mis- 
souri, in  Convention  assembled,  do  ordain 
and  declare — 

First — That  slavery  in  Missouri  is  hereby 
abolished,  and  all  those  heretofore  held  in 
bondage  within  this  State,  are  hereby  eman- 
cipated. 

Second— That  hereafter,  in  this  State,  there 
shall  be  neither  slavery  nor  involuntary 
servitude,  except  in  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  con- 
victed . 

Thirds- That  all  provisions  of  the  present 
Constitution  of  this  State,  and  all  laws  and 
ordinances  inconsistent  with  the  provisions 
of  this  ordinance,  are  hereby  repealed  and 
abrogated . 

Mr.  Filley  offered  the  following  resolu- 
tion : 

Resolved,  That  all  ordinances  or  propo- 
sitions concerning  the  amending  or  changing 
the  present  Constitution,  shall  be  referred, 
without  debate,  to  the  proper  committees 
which  shall  be  appointed  by  the  President. 

Mr.  Owens  offered  the  following  resolu- 
tion : 

Resolved,  That  the  ordinance  introduced 
by  Mr.  Owens,  upon  the  subject  of  abolish- 
ing slavery  in  this  State,  and  also  the  substi- 
tute offered  by  Mr.  D'Oench,  and  the  substi- 
tute to  the  substitute,  offered  by  Mr.  Strong, 
be  printed ,  and  made  the  special  order  for 
Tuesday,  the  10th  day  of  January,  1865,  at 
ten  o'clock. 

Mr.  Bonham  offered  the  following  resolu- 
tion, which  was  withdrawn,  viz: 

Resolved,  That  it  is  the  opinion  of  this 
Convention  that  the  interests  of  Missouri 
will  be  best  promoted  by  a  complete  revision 
of  the  whole  Constitution . 

Mr.  Drake  offered  the  following  resolu- 
tion : 

Resolved,  That  the  several  ordinances  pre- 
sented, with  all  resolutions  in  relation 
thereto,  be  postponed  till  to-morrow  at  10 
o'clock. 

Upon  which  motion  he  demanded  the  ayes 
and  noes,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Adams,  Bedford,  Bonham, 
Budd,  Bunce,  Bush,  Childress,  Clover, 
Cowden,  Davis  of  New  Madrid,  Davis  of 
Nodaway.  Dodson,  D'Oench,  Drake,  Ellis, 
Esther,  Evans.  Filley,  Fletcher,  Folmsbee, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Gilbert  of  Platte,  Gilstrap.Grammer,  Green, 
Harris,  Holcomb,  Holdsworth,  Plolland, 
Hughes,  Hume,  King,  Leonard,  Linton, 
McKernan,  McPherson,  Mack,  Martin, 
Meyer,  Mitchell,  Morton,  Newgent,  Nix- 
dorf ,  Owens ,  Peck ,  Rankin ,  Smith  of  Mercer , 
Smith  of  Worth,  Strong,  Sutton,  Swearin- 


gen,  Switzler,  Thilenius,  Weatherby,  Wil- 
liams of  Caldwell,  and  Mr.  President— 58 . 
Noes — None. 

Absent— Messrs.  Henderson,  Husmann, 
and  R.ohrer. 

So  the  resolution  of  Mr.  Drake  was 
adopted . 

Mr.  Drake  offered  the  following  resolu- 
tions ,  which  were  adopted : 

Resolved,  That  the  following  committees 
be  appointed  by  the  President: 

1st.  A  Committee  on  Boundaries ,  to  whom 
shall  be  referred  the  first  article  of  the  pres- 
ent Constitution . 

2d.  A  Committee  on  the  Legislative  De- 
partment, to  whom  shall  be  referred  the  third 
and  thirteenth  articles  of  the  present  Con- 
stitution. 

3d.  A  Committee  on  the  Executive  De- 
partment, to  whom  shall  be  referred  the 
fourth  article  of  the  present  Constitution. 

4th.  A  Committee  on  the  Judicial  Depart- 
ment, to  whom  shall  be  referred  the  fifth 
article  of  the  present  Constitution. 

5th.  A  Committee  on  Education,  to  whom 
shall  be  referred  the  sixth  article  of  the  pres- 
ent Constitution. 

6th.  A  Committee  on  Internal  Improve- 
ments, to  whom  shall  be  referred  the  seventh 
article  of  the  present  Constitution. 

7th.  A  Committee  on  Banks,  to  whom 
shall  be  referred  the  eighth  article  of  the 
present  Constitution . 

8th.  A  Committee  on  the  Militia,  to  whom 
shall  be  referred  the  ninth  article  of  the 
present  Constitution. 

9th .  A  Committee  on  the  Seat  of  Govern- 
ment, to  whom  shall  be  referred  the  eleventh 
article  of  the  present  Constitution. 

10th.  A  Committee  on  the  Mode  of  Amend- 
ing the  Constitution,  to  which  shall  be 
referred  the  twelfth  article  of  the  present 
Constitution. 

11th.  A  Committee  on  Miscellaneous  Pro- 
visions, to  whom  shall  be  referred  such  parts 
of  the  present  Constitution  as  are  not,  by 
the  foregoing  terms  of  this  resolution,  di- 
rected to  be  referred  to  some  other  commit- 
tee. 

Resolved,  That  each  of  said  committees 
shall  consist  of  seven  members. 

Resolved,  That  the  President  of  the  Con- 
vention be  ex-officio  a  member  of  each  of  said 
committees . 

Resolved.  That  each  of  said  committees 
shall  carefully  examine  the  parts  of  the 
present  Constitution  referred  to  them  respec- 
tivelv,  and  report  to  the  Convention  such 
amendments  thereof  as  they  may  consider 
expedient. 

Resolved,  That  all  propositions  to  amend 
the  Constitution,  introduced  prior  to  the 
report  of  any  committee,  to  which  such 
proposition  would  be  property  referable, 
shall  be  referred  to  such  committee  without 
debate. 

Mr.  Budd  offered  the  following  resolution, 
which  was  adopted : 


15 


Resolved,  That  the  Sergeant-at-arms  be 
instructed  to  furnish  the  necessary  stationery 
for  the  members  of  this  Convention . 

Mr.  Budd  offered  the  following  resolution, 
which  was  adopted: 

Resolved,  That  a  Committee  (consisting  of 
five  members)  on  Finance  be,  and  the  same 
shall  be  appointed  by  the  Chair,  to  whom 
■shall  be  referred  all  propositions  and  motions 
regarding  the  present  condition  of  the 
finances  of  the  State,  and  that  such  proposi- 
tions and  motions,  when  so  referred,  shall 
he  duly  considered  by  the  committee  afore- 
said . 

Mr.  Smith  of  Worth  offered  the  follow- 
ing preamble  and  resolution,  which,  on 
motion  of  Mr.  Clover,  were  laid  upon  the 
table : 

Whereas.  All  efforts,  up  to  this  time, 
have  failed  to  secure  to  the  various  counties 
the  credits  they  are  justly  entitled  to  for 
men  who  have  actually  gone  into  the  military 
service ;  therefore ,  be  it 


Resolved,  That  the  Chair  appoint  a  commit- 
tee of  five  to  prepare  a  memorial  to  the  Presi- 
dent of  the  United  States,  and  to  Congress, 
and  the  Governor  of  this  State,  in  reference 
to  the  draft,  that  some  means  may  be  devised 
to  secure  to  the  various  counties^  and  town- 
ships credit  for  the  men  who  have  gone  into 
the  service  that  were  residents  of  said  coun- 
ties; and  further,  that  this  State  may  receive 
credit  for  men  that  have  gone  into  the  South- 
ern army,  and  such  others  as  she  may  be 
justly  entitled  to. 

Mr.  Holcomb  offered  the  following  reso- 
lution ,  which  was  adopted : 

Resolved,  That  the  first  three  rows  of  seats 
outside  the  bar,  and  such  seats  as  are  unoccu- 
pied inside  the  bar,  be  reserved  for  ladies 
and  invited  guests . 

Mr.  Filley  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  President  appoint  a 
committee  of  three  to  provide  for  the  printing 
of  this  Convention. 

On  motion,  the  Convention  adjourned 
until  to-morrow  morning  at  10  o'clock. 


FOURTH  D.A.Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  the  Rev.  D.  Gr.  Armstrong. 

The  President  directed  the  roll  to  be  called, 
when  the  following  members  were  present: 

Messrs.  Adams,  Bedford.  Bonham.  Budd, 
Bunce.  Bush,  Childress.  Cowden,  Davis  of 
New  Madrid,  Davis  of  Nodaway,  Dodson. 
D'Oench,  Ellis,  Esther.  Filley,  Fletcher, 
Folmsbee,  Fulkerson,  Gamble,  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Gilstrap,  Gram- 
mer.  Green.  Harris.  Henderson.  Holcomb, 
Holdsworth,  Holland,  Hughes,  Hume,  Hus- 
mann,  King,  Leonard,  Linton,  McPherson, 
Mack,  Meyer,  Mithcell,  Morton,  Xewgent, 
Nixdorf,  Owens.  Peck.  Rankin,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen.  Weatherbv.  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent— 54. 

Absent — Messrs.  Clover,  Drake,  Evans, 
McKernan,  Martin,  Rohrer,  Switzler,  and 
Thilenius— 8. 

The  journal  of  yesterday  was  read  by  the 
Secretary  and  approved. 

The  following  standing  and  special  com- 
mittees were  then  announced  by  the  Presi- 
dent: 


TUESDAY ,  January  10th,  1865. 

STANDING  COMMITTEES. 

1.  On  Boundaries — Messrs.  Leonard,  Drake, 
I  Adams,  Martin,  Switzler,  and  Holland. 

2 .  On  Legislative  Department  —  Messrs . 
Drake,  Bunce,  Clover,  Rankin,  Filley, 
Green,  and  King. 

3.  On  Executive  Department — Messrs.  Green, 
Ellis,  Husmann,  Swearingen,  Dodson,  Gam- 
ble, and  Thilenius. 

1 .  On  Judicial  Department — Messrs .  Clover, 
Adams ,  D  *  Oench .  E sther ,  Smith  of  Worth , 
Owens,  and  Weatherby. 

5.  On  Education — Messrs.  Strong.  Hughes, 
Holcomb.  Williams  of  Caldwell,  Gilbert  of 
Platte,  Evans,  and  Henderson . 

6 .  On  Intern al  Improvement — Messrs .  Mack , 
Peck,  Bedford,  Bonham,  McKernan,  Smith 
of  Mercer,  and  Grammer. 

7.  On  Banks— Messrs.  Bush,  Holcomb, 
Linton,  Mitchell,  Davis  of  Nodaw^ay,  Ful- 
kerson, and  Sutton. 

8.  On  Militia— Messrs.  Newgent,  Meyer, 
Fletcher,  Holdsworth,  Hume,  Bonham,  and 
Leonard. 


16 


9.  On  Seat  of Government— -Messrs.  Folms- 
bee,  Nixdorf,  Childress,  Cowden,  McPher- 
son, Meyer,  and  Filley. 

10.  On  Mode  of  Amending  the  Constitution — 
Messrs.  Gilstrap,  Morton,  Budd,  Swearin- 
gen,  Husmann,  and  Strong1. 

11.  On  Miscellaneous  Provisions — Messrs. 
Owens,  Gilstrap,  Strong,  Martin,  Rohrer, 
Davis  of  New  Madrid,  Gilbert  of  Lawrence, 
and  Harris. 

SPECIAL  COMMITTEES. 

1.  On  Printing— Messrs.  Filley,  D'Oench, 
and  King. 

2.  On  Finance— Messrs.  Budd,  Smith  of 
Mercer,  D'Oench,  King,  and  Switzler. 

3.  Committee  to  Employ  Suitable  Persons  to 
Report  Proceedings,  §c. — Messrs.  Meyer, 
Owens,  and  Filley. 

4.  Committee  to  Confer  with  Clergymen,  Sfc. 
— Messrs.  Strong,  King  and  D'Oench. 

Mr.  Meyer,  Chairman  of  the  Committee 
to  employ  a  reporter  to  report  the  proceed- 
ings of  the  Convention,  presented  the  fol- 
lowing report: 

The  committee  to  whom  wras  referred  the 
resolution  to  employ  a  competent  person  to 
report  the  proceedings  and  debates  of  this 
Convention,  report  they  have  discharged  that 
duty,  and  have  employed  Mr.  L.  L.  Wal- 
bridge,  a  gentleman  well  qualified  to  dis- 
charge the  duties,  and  have  agreed  to  pay 
him  fifteen  dollars  per  day  during  the  sitting 
of  this  Convention,  and  to  commence  on  the 
6th  inst. ,  he  furnishing  additional  assistance 
when  required  at  his  own  expense.  All  of 
which  is  respectfully  submitted. 

FERDINAND  MEYER,  Chairman. 

CHAUNCEY  I.  FILLEY. 

On  motion  of  Mr.  Bush,  the  report  was 
adopted. 

Mr.  Strong,  Chairman  of  Committee  on 
Credentials,  reported  that  Eugene  Williams, 
of  Scotland  county,  member  elect  from  the 
Third  Senatorial  District,  had  presented  his 
credentials,  that  they  were  correct,  and  he 
recommended  that  Mr.  Williams  be  enrolled 
as  a  member. 

Upon  motion,  the  report  was  adopted. 

Mr.  Williams  was  enrolled,  and  came  for- 
ward and  took  the  oath. 

Mr.  Strong  offered  the  following  resolu- 
tion: 

Resolved,  That  the  President  appoint  a 
committee  of  five  on  emancipation,  to  whom 
the  various  ordinances  offered  yesterday, 
and  any  other  similar  papers,  shall  be  re- 
ferred, with  instructions  to  report  on  the  14th 


inst.,  by  ordinance  or  otherwise,  for  the 
emancipation  of  slaves  and  the  abolition  of 
slavery. 

Mr.  Evans  offered  the  following  as  a  sub- 
stitute to  the  resolution  offered  by  Mr. 
Strong : 

Resolved,  That  a  committee  of  seven  be 
appointed,  to  be  called  a  Committee  on 
Freedom. 

Mr.  Filley  moved  to  lay  the  resolution\ 
and  substitute  on  the  table.  « 

Mr.  Budd  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  as 
follows  : 

Ayes — Messrs.  Adams,  Bush,  Childress, 
Davis  of  New  Madrid,  Ellis,  Esther,  Filley, 
Folmsbee,  Fulkerson,  Gamble,  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Harris,  Hen- 
derson, Holcomb,  Husmann,  Leonard,  Mc- 
Kernan,  Morton,  Peck,  Rankin,  Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Switzler, 
and  Weatherby — 26. 

Noes — Messrs.  Bedford,  Bonham,  Budd, 
Bunce,  Cowden,  Davis  of  Nodaway,  Dod- 
son,  D'Oench,  Evans,  Gilstrap,  Grammer, 
Green,  Holds  worth,  Holland.  Hughes,  King, 
Linton,  McPherson,  Mack,  Meyer,  Mitchell, 
Newgent,  Nixdorf,  Owens,  Strong,  Sutton, 
Swearingen,  Thilenius,  Williams  of  Cald- 
well, and  Mr.  President— 30. 

Absent— Messrs.  Clover,  Drake,  Fletch- 
er, Hume,  Martin,  and  Williams  of  Scot- 
land— 6. 

So  the  motion  to  lay  on  the  table  was  dis- 
agreed to . 

Mr.  Evans  then  withdrew  his  substitute. 

Mr.  Bonham  offered  the  following  amend- 
ment to  the  resolution  offered  by  Mr.  Strong : 
Strikeout  the  words  "without  delay"  and 
insert  "on  the  14th  instant, ' '  which  amend- 
ment was  accepted  by  Mr.  Strong. 

Mi-.  Budd  offered  the  following  amend- 
ment to  the  amendment:  To  insert  the 
"11th  instant"  in  place  of  the  "14th  in- 
stant," Avhich  was  also  accepted  by  Mr. 
Strong. 

Mr.  Budd  then  moved  the  adoption  of  the . 
resolution  as  amended. 

Mr.  demanded  the  ayes  and  noes, 

and  the  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Adams,  Bedford,  Bonham, 
Budd,  Bunce,  Bush,  Childress,  Cowden, 
Davis  of  Nodaway,  Dodson,  D'Oench,  El- 
lis, Esther,  Evans.  Fletcher,  Folmsbee, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Gilstrap,  Grammer,  Green,  Henderson, 
Holdsworth,  Holland,  Hughes,  Hume,  Hus- 
mann, King.  Leonard,  Linton,  McKernan, 
McPherson,  Mack,  Martin,  Meyer,  Mitchell, 
Newgent,  Nixdorf,  Owens,  Peck,  Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 


IT 


Sutton.  Swearingen,  Thilenius,  Weatherby, 
and  Williams  of  Caldwell — 50. 

Xoes — Messrs.  Clover.  Davis  of  New 
Madrid.  Filley,  Gilbert  of  Platte.  Harris, 
Holcouibef^forton.  Kankin,  Switzler.  and 
Mr.  President— 10. 

Absent — Messrs.  Drake,  and  Williams  of 
Scotland — 2 . 

So  the  resolution  as  amended  was  adopted. 

Mr.  Boxham  offered  the  following  ordi- 
nance on  emancipation,  which  was  read  the 
first  time,  and,  on  motion,  the  rules  govern- 
ing the  Convention  were  suspended,  and  the 
ordinance  was  read  the  second  time  by  its 
title,  and  referred  to  the  Committee  on 
Emancipation : 

ARTICLE  — . 

On  Emancipation  of  Slaves. 

Section  1.  All  men  are  born  free  and 
independent,  and  have  certain  inherent 
rights;  among  these  are  life,  liberty,  and  the 
pursuit  of  happiness.  It  is.  therefore,  de- 
clared, that  slavery  and  involuntary  servi- 
tude shall  cease  to  exist  in  Missouri,  on  the 
fourteenth  day  of  January,  A.  D.  eighteen 
hundred  and  sixty-five,  otherwise  than  for 
the  punishment  of  crime,  whereof  the  party 
shall  have  been  duly  convicted.  And  all 
slaves  within  this  State  on  that  day  are  here- 
by declared  to  be  free. 

"Sec  2.  All  persons  held  as  slaves  in  any 
of  the  United  States,  or  by  any  foreign 
power,  that  may  be  brought"  into 'this  State 
for  any  purpose  whatever,  or  any  slaves 
who  may  come  into  this  State  of  their  own 
free  will  and  accord,  after  the  fourteenth 
day  of  January,  A.  D.  eighteen  hundred 
and  sixty-rive ."  are  hereby  declared  to  be 
free. 

Sec.  3.  The  Legislature  shall  pass  laws 
for  the  protection  of  all  persons  in  their  right 
to  freedom,  by  virtue  of  the  next  two  pre- 
ceding sections . 

Sec  4.  It  is  hereby  declared  that  an  ordi- 
nance entitled  '"An  Ordinance  to  provide  for 
certain  amendments  to  the  Constitution,  and  for 
emancipation  of  slaves."  passed  on  the  first 
day  of  July.  A.  D.  eighteen  hundred  and 
sixty-three,  by  the  State  Convention,  then 
in  session  at  Jefferson  City,  in  this  State,  is 
hereby  abrogated,  and  all  classes  of  slaves 
mentioned  in  section  two  of  said  ordinance 
are  declared  to  be  free  in  accordance  with  the 
provisions  of  section  one  of  this  article. 

Sec.  5.  After  the  first  day  of  January, 
A.  p.  eighteen  hundred  and  seventy,  the 
Legislature  shall  pass  laws  extending  the 
right  of  suffrage  to  all  male  negroes  and 
mulattoes  in  this  State,  or  who  may  thereaf- 
ter Jcome  into  this  State,  of  the  age  of  twenty- 
one,  years  and  upward.  But  no  such  law 
shall  be  of  force  until  the  same  shall  have 
been  submitted  to  a  vote  of  the  people  at  a 
general  election,  and  approved  by  a  majority 
of  all  the  votes  cast  at  such  election  oil  that 
subject. 


Sec  6.  The  Legislature  shall  pass  laws 
for  the  education  of  all  persons  made  free  by 
this  article,  between  the  ages  of  five  and 
twenty  years,  and  also  for  the  education  of 
all  free  negroes  and  mulattoes  in  this  State, 
or  who  may  hereafter  come  into  this  State, 
between  the  ages  above  specified. 

Sec  7.  The  Legislature  shall  pass  laws 
for  the  maintenance  of  all  freed  persons  left 
without  support,  and  who  are  unable  to  pro- 
vide for  themselves. 

Sec  8.  The  Legislature  shall  pass  laws 
for  the  protection  of  the  person  and  property 
of  all  persons  made  free  by  this  article,  and 
negroes  and  mulattoes  already  free,  and 
making  them  capable,  in  law,  of  contracting 
and  being  contracted  with,  giving  them  a 
right  to  sue  and  be  sued  in  all  courts  of  law 
and  equity  in  this  State. 

Mr.  Boxham  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  a  committee  of  seven  be 
appointed  on  the  elective  franchise  and  the  -; 
disfranchising  of  rebels,  and  that  all  article- 
offered  on  that  subject  shall  be  referred  to 
said  committee. 

Mr.  Bcsh  offered  a  resolution  on  repre- 
'  sentation.  which  was  read  and  referred  to  the 
Committee  on  Legislative  Department. 

Mr.  Boxham  introduced  the  following 
ordinance  on  education,  which  was  read  the 
first  time.  and.  on  motion,  the  rules  govern- 
ing the  Convention  were  suspended,  and  the 
ordinance  was  read  a  second  time  by  its  title, 
and  referred  to  the  Committee  on  Education: 

Section  1.  The  supervision  of  public  in- 
struction shall  be  vested  in  a  State  Superin- 
tendent, and  such  other  officers  as  the  Legis- 
lature shall  direct. 

Sec.  2.  There  is  hereby  created  and 
established  a  School  Fund,  which  .-hall  con- 
sist of  the  proceed-  of  all  lands  belonging 
to  this  State  known  as  Saline  land-,  and  of 
lands  now  or  hereafter  vested  in  thi-  State  by 
escheat,  or  purchase,  or  forfeiture  for  taxes": 
the  proceeds  of  all  lands  that  have  been,  or 
hereafter  may  be.  granted  by  the  United 
State-  to  this  State  for  educational  purposes, 
including  all  lands  granted  to  this  State  by 
the  United  States,  known  as  "swamp  or 
overflowed  lands;"  and  the  clear  proceeds 
of  all  fines  collected  in  the  several  cities  and 
counties  for  any  breach  of  the  penal  laws : 
and  the  clear  proceeds  of  all  fines  collected 
for  every  description  of  misdemeanor:  and 
all  moneys  received  by  each  county  for  strays 
forfeited"by  the  owners  thereof:  and  all 
moneys  received  by  each  count}',  respectively, 
for  licenses  granted  for  the  sale  of  intoxicat- 
ing liquors . "or  keeping  of  dram  shops;  and 
the  clear  proceeds  of  all  property  that  may 
hereafter  be  forfeited  to  the  State,  through, 
any  cause  whatever,  the  interest  of  which, 
together  with  twenty-five  per  centum  of  the 
I  State  revenue,  shall  "be  annually  set  apart  for 


18 


school  purposes,  and  all  other  revenues  as 
the  Legislature  may  deem  proper,  shall  be 
set  apart  and  become  a  perpetual  school 
fund,  and  be  exclusively  applied  to  the  fol- 
lowing objects,  to  wit:  1st,  to  the  support 
and  maintenance  of  common  schools  in  each 
school  district,  and  the  purchase  of  suitable 
libraries  and  apparatus  therefor;  the  residue 
( if  any )  shall  be  applied  to  the  support  of 
and  maintenance  of  academies  and  normal 
schools . 

Sec.  3.  The  Legislature  shall  provide, 
by  law,  for  the  establishment  of  district 
schools,  and  such  schools  shall  be  free  and 
without  charge  for  tuition,  to  all  children 
between  the  ages  of  five  and  twenty  years. 
In  case  the  public  moneys  shall  be  insuffi- 
cient for  tuition  in  any  "school  district,  the 
balance  shall  be  raised  by  tax  on  all  the  tax- 
able property  in  such  district. 

Sec.  4.  Provision  shall  be  made  by  law 
for  the  distribution  of  the  income  of  the 
School  Fund  among  the  several  cities  and 
school  districts  of  the  State,  for  the  support 
of  common  schools  therein,  in  some  just 
proportion  to  the  number  of  children  and 
youth  resident  therein,  between  the  ages  of 
five  and  twenty  years ;  but  no  moneys  shall 
be  paid,  out  of  the  School  Fund,  to  any 
school  district  either  in  city  or  township*, 
unless  a  school  has  been  kept  at  least  three 
months  within  the  school  year  for  which 
such  moneys  are  appropriated,  and  all  such 
moneys  ( if  any )  shall  be  equally  divided 
amono-  the  school  districts  in  the  township 
to  which  such  money  was  originally  appro- 
priated, according  to  the  number  of  children 
in  each  district  between  the  ages  above 
specified. 

Sec.  5.  The  Legislature  of  this  State  is 
hereby  prohibited  from  loaning  or  using  the 
School  Fund  for  State  purposes,  but  "shall 
keep  it  inviolate  for  the  use  and  purpose 
above  specified:  Provided,  They  may  pass 
laws  to  loan  any  part  of  the  School  Funds  to 
individuals,  upon  good  and  sufficient  real 
estate  security,  where  the  amount  loaned 
exceeds  one  hundred  dollars,  and  personal 
security  in  sums  less  than  one  hundred  dol- 
lars, with  interest  not  less  than  seven  nor  to 
exceed  ten  per  cent,  per  annum,  payable 
annually . 

Mr.  Bonham  introduced  the  following  or- 
dinance on  banks  and  banking  houses, 
which  was  read  the  first  time,  and,  on  mo- 
tion, the  rules  governing  the  Convention 
were  suspended,  and  the  ordinance  was  read 
the  second  time  by  its  title,  and  referred  to 
the  Committee  on  Banks : 

ARTICLE  — . 

On  Banks  and  Banking  Powers . 

Section  1.  The  General  Assembly  may 
incorporate  banking  companies  in  this  State, 
with  branches  to  be  established  by  the  Legis- 
lature ,  but  not  more  than  one  branch  to  each 
bank  shall  be  established  at  any  one  session 


of  the  Legislature,  and  no  bills  shall  be  here- 
after issued  in  this  State,  by  any  banking 
company  or  institution,  unless  such  bill  or 
bills  be  secured  by  bonds  of  the  United 
States,  deposited  "with  the  United  States 
Treasurer  at  Washington  City,  in  conformity 
with  an  act  of  Congress  relative  to  banking, 
approved  February  twenty-fifth,  eighteen 
hundred  and  sixty -three. 

Sec.  2.  All  banking  companies,  or  insti- 
tutions, now  in  existence  in  this  State,  other 
than  those  organized  under  the  act  of  Congress 
above  specified,  shall  cease  to  exist  after  the 
first  day  of  January,  A.  D.  eighteen  hun- 
dred and  sixty-six,  and  all  bills  issued  or 
discounted  by  any  such  bank  after  that  date 
shall  be  deemed  illegal  currency;  and  all 
new  bills  issued  by  any  such  banks,  or  bank- 
ing institutions,  after  the  first  da}^  of  Febru- 
ary, A.  D.  eighteen  hundred  and  sixty-five, 
shall  be  deemed  illegal  currency. 

Sec.  3.  The  Legislature  shall  pass  laws 
prohibiting,  under  penalty,  the  circulation 
of  illegal  currency,  or  the  issuing  and  circu- 
lating of  any  bill  or  bills,  or  other  evidence 
of  debt,  without  authority  of  law. 

Sec.  4.  The  Legislature  shall  pass  laws 
withdrawing  all  bank  stock  owned  by  this 
State  in  ' 4  The  Bank  of  the  State  of  Missouri , ' ' 
and  place  the  avails  thereof  in  the  hands  of 
the  State  Treasurer,  for  the  benefit  and  sup- 
port of  common  schools  in  this  State ;  ex- 
cepting the  seminary  stock  fund,  which 
shall  beheld  in  trust  for  the  seminary,  as 
heretofore  held. 

Sec.  5.  All  moneys  received,  as  provided 
in  this  article ,  may  "be  loaned  to  individuals 
upon  good  and  sufficient  real  estate  security, 
as  the  Legislature  may  direct ;  but  the  Legis- 
lature is"  hereby  prohibited  from  investing 
any  of  such  moneys  in  Missouri  or  any  other 
State  public  stocks. 

Mr.  Boxiiam  offered  the  following  ordi- 
nance on  internal  improvement,  which  was 
read  a  first  time,  and,  on  motion,  the  rules 
governing  the  Convention  were  suspended, 
and  the  ordinance  read  a  second  time  by  its 
title,  and  referred  to  the  Committee  on  Inter- 
nal Improvement: 

Section  1.  The  Legislature  of  this  State 
are  forever  prohibited  from  passing  any  law 
for  the  carrying  on  of  a  system  of  internal 
improvements  by  the  State,  and  all  railroads, 
or  other  improvements,  now  in  the  hands  of 
the  State,  or  that  may  hereafter  fall  into  the 
hands  of  the  State,  upon  default  of  the  pay- 
ment of  any  principal  or  interest  due,  or  to 
become  due,  on  State  bonds  heretofore  issued 
to  railroad  companies  by  authority  of  the 
Legislature,  shall  be  disposed  of  by  the 
Legislature  for  the  benefit  of  the  State ;  but 
the  State  shall  not  carry  on  such  railroads  by 
State  authority,  nor  possess  any  interest  in 
such  railroads,  other  than  the  lien  or  liens 
already  in  the  hands  of  the  State  against 
such  defaulting  railroad  companies. 

Sec.  2.  The  Legislature  is  hereby  pro- 


19 


hibited  from  authorizing  the  issue  of  any 
State  bond-  to  any  railroad  companies,  or  to 
any  incorporated  company  in  this  State,  or 
to  aid  in  the  construction  of  an}*  internal 
improvement  in  this  State,  or  making  any 
appropriation  out  of  the  State  treasury  for 
1  internal  improvements . 

Sec.  3.  The  Legislature  shall  pas.-  laws 
for  the  improvement  of  State  and  county 
roads,  by  the  levying  of  a  tax  upon  all  taxa- 
ble  property  in  each  county,  respectively.  I 
said  tax  to  be  worked  out  by  improving  such 
roads  by  the  overseer  and  residents  of  each 
road  district  in  the  State. 

Sec.  4.  All  State  and  county  road-  hereaf- 
ter laid  out  and  established  shall  not  be  less 
than  sixty  feet  wide,  and  the  Legislature 
shall  pass  laws  to  cause  all  State  and  county  j 
roads,  heretofore  established,  to  be  opened 
and  worked,  not  less  than  sixty  feet  wide: 
and  all  laws  passed  for  establishing,  open-  ; 
ing  and  repairing  highways,  shall  be  general ! 
and  uniform  throughout  the  State. 

On  motion  of  Mr.  Owens,  Mr.  Clover  was 
added  to  the  Committee  on  Emancipation. 

On  motion  of  Mr.  Folmsbee,  Mr.  Ellis! 
was  added  to  the  same  committee. 

Mr.  Strong  moved  to  reconsider  the  mo- 
C  tion  by  which  the  Emancipation  Committee 
was  appointed,  and  moved  to  lay  that  motion 
on  the  table,    which  latter    motion  was 
agreed  to . 

Mr.  Budd  offered  the  following  resolution, 
which  was  adopted: 

Resolved,  Thai  the  following  civil  and  mil- 
itary officers  be.  and  they  are  hereby  specially 
invited,  when  in  the  city,  to  take  seats  with-  | 
in  the  bar  of  the  Convention,  to- wit:  The  I 
Governor  of  the  State,  the  Lieutenant  Gov- 
ernor of  the  State,  the  Mayor  of  the  city  of 
St.  Louis,  the  Commanding  General  of' the 
Department  of  the  Missouri,  the  Commander 
of  the  District  of  St.  Louis,  and  such  mem- 
bers of  the  Senate  and  House  of  Representa- 
tives as  may.  from  time  to  time,  be  tempo- 
rarily sojourning  in  the  city  of  St.  Louis. 

On  motion,  the  Convention  adjourned  till 
3  o'clock  r.  m. 


AFTERXOOX  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair . 

A  quorum  being  present,  the  Convention 
proceeded  to  business. 

The  following  Special  Committee  on  Elec- 
tive Franchise  was  announced: 
^     Messrs.  Bonham,  Folmsbee,  Clover,  Fos- 
ter. Evans,  Adams,  and  Drake. 

Mr.  Strong,  Chairman  of  the  Committee 


on  Credentials,  reported  that  Mr.  Gustavus 
St.  Gem.  of  the  Twenty-third  District,  had 
filed  his  credentials,  and  that  they  were  cor- 
rect. 

On  motion.  Mr.  St.  Gem  was  enrolled  as 
a  member,  and  came  forward  and  took  the 
oath . 

Mr.  Meyer  offered  the  fohowing  preamble 
and  resolution,  relative  to  the  taxation  of 
aliens  or  rebels,  which  was  read  the  first 
time  for  information. 

On  motion,  the  rules  governing  the  Con- 
vention were  suspended,  and  it  was  read  a 
second  time  by  its  title,  and  referred  to  the 
Committee  on  Franchise: 

Whereas,  Since  the  commencement  ot 
this  rebellion,  many  persons  claiming  to  be 
citizens,  and  exercising  the  elective  franchise 
in  times  of  peace  and  happiness,  having  since 
acted  recreant  to  so  high  a  trust  and  privi- 
lege, and  having  taken  an  active  part  in 
treason  and  rebellion,  aiding  in  the  attempt 
to  overthrow  the  best  Government  ever  be- 
queathed to  man:  and.  when  overtaken  in 
their  wicked  designs,  claim  protection  of 
some  foreign  Government  winch  they  had 
previously  scorned  to  owe  allegiance  to;  and 
contrasting  those  alien  enemies  with  the 
good.  true',  liberty-loving  foreigners,  who. 
by  thousands  and  tens  of  thousands,  since 
the  commencement  of  this  rebellion,  have 
rushed  to  the  front,  with  musket  in  hand, 
to  offer  up  their  lives  for  the  preservation  of 
the  Republic:  or.  unable  to  leave  their  fami- 
lies, have  sent  representative  recruits,  and 
have  freely  sacrificed  their  means,  as  well  as 
standing  in  the  foremost  ranks  against  the 
abomination  of  slavery,  and  for  the  natural 
and  inalienable  rights  of  man;  therefore  be  it 

Resolved.  That  it  is  expedient  and  neces- 
sary for  this  Convention  to  so  amend  the 
Constitution  of  this  State  as  to  lay  double 
taxes  and  licenses  on  all  aliens,  after  a  resi- 
dence of  six  years:  they  having  refused  or 
neglected  to  become  citizens,  shall  not  be 
eligible  to  be  employed  by  any  person  or 
persons  having  a  public  franchise  under  the 
laws  of  tins  State:  all  persons  that  have 
aided  the  rebellion  by  word.  deed,  or  act, 
thereby  really  expatriating  themselves ;  and, 
not  having  been  convicted  of  treason,  but 
refusing  or  neglecting  to  be  legally  endowed 
witb  citizenship,  and  performing 'the  duties 
required  as  such,  ought  to  be  treated  as  a 
public  enemy,  and  slibuld  be  debarred  from 
holding  any  position  of  trust  or  profit,  with 
any  person  or  persons  doing  business  under 
a  license,  or  holding  a  franchise  under  the 
laws  of  this  State. 

Mr.  Budd  offered  the  following  ordinance, 
providing  for  the  education  of  the  children 
of  the  commonwealth,  which  was  read  the 
first  time: 


20 


AN  ORDINANCE  PROVIDING  FOR  THE  EDUCA- 
TION OF  THE  CHILDREN  OF  THE  COMMON- 
WBA LTH. 

it  shall  be  the  duty  of  the  Legislature,  at 
its  first  session  after  the  adoption  of  this 
Constitution,  to  enact  a  law  providing'  for 
tin  education  of  every  child  residing-  in  the 
State,  when  such  child  shall  have  arrived  at 
the  age  of  eight  years;  and  they  shall  he 
educated  until  they  arrive  at  thirteen  years 
of  age  at  the  expense  of  the  State,  free  of  all 
charge  to  parents  or  guardians,  or  those 
having  legal  charge  of  them;  and  to  provide 
revenue  to  accomplish  this  object,  the  Leg- 
islature shall  have  power  by  law,  and  it  shall 
be  its  duty,  to  levy  and  collect,  trom  every 
male  resident  of  the  State  over  twenty-one 
years  of  age  a  per  capita  tax,  and,  if  necessary, 
to  obtain  the  end  in  view,  power  is  also  given 
to  levy  and  collect  a  tax  on  real  and  personal 
property:  Provided,  No  power  shall  be  given 
to  the  Legislature  until  five  years  after  the 
adoption  ot  this  Constitution  to  levy  and 
collect  a  per  capita  tax  on  any  person  who 
has  hitherto  been  a  slave,  but  who  on  the 
adoption  of  this  Constitution  is  made  a  free 
man  thereby,  or  who  has  been  freed  by  the 
war  power' of  the  President  of  the  United 
States,  or  by  any  act  of  Congress.  Power 
is  also  given  to  the  Legislature,  and  it  shall 
be  its  duty,  to  enact  a  law  compelling,  un- 
der adequate  penalties,  parents,  guardians 
or  others  having  the  legal  charge  of  children, 
to  educate  them  in  the  State  schools  or  pri- 
vate schools,  from  the  age  of  eight  to  thir- 
teen years,  as  aforesaid:  ^Provided,  They  are 
not  incapacitated  from  attending-  school  by 
reason  of  physical  or  mental  inability. 

Mi-.  Hughes  moved  to  amend  the  ordi- 
nance offered  by  Mr.  Budd,  by  inserting 
'  'eighteen, ' '  instead  of  '  'thirteen, ' '  which 
was  decided  to  be  out  of  order  by  the  Presi- 
dent. 

Mr.  Holland  introduced  the  following 
ordinance,  declaring  the  qualifications  of 
voters,  which  was  read  the  first  time,  and 
laid  over,  under  the  rules,  until  to-morrow: 

AN    ORDINANCE   DECLARING   THE  QUALIFICA- 
TIONS OF  VOTERS. 

Section  1 .  Every  free  white  male  citizen 
of  the  United  States,  who  shall  have  attained 
to  the  age  of  twenty-one  years,  and  who 
shall  have  resided  in  this  State  one  year,  the 
last  three  months  whereot  shall  have  been 
in  the  county  or  district  in  which  he  shall 
offer  to  vote,  shall  be  deemed  a  qualified 
elector  of  all  electors  in  this  State :  Provided, 
That  no  person  who  has  taken  up  arms  or 
levied  war  against  the  Government  of  the 
LTnited  States,  or  has  directly  or  indirectly, 
by  acts,  words  or  otherwise,  adhered  to  the 
enemies  thereof,  by  giving  them  aid,  com- 
fort, or  countenance,  or  who  has  enrolled 
himself  as  a  Southern  sympathizer,  shall 
ever  be  allowed  to  vote  at  any  election  in 


this  State;  unless,  prior  to  this  date,  and 
since  having  given  aid,  comfort,  or  counte- 
nance to  the  enemies  of  the  United  States, 
he  shall  have  served  not  less  than  one  year 
in  the  army  or  navy  of  the  United  States,  or 
in  the  volunteer  service  of  this  State,  known 
as  the  Missouri  State  Militia,  and  shall  have 
obtained  an  honorable  diseharge  therefrom, 
or  shall  be  still  in  said  service/ 

Sec  2.  At  the  general  election,  in  the 
yearot  our  Lord  1876,  the  question  shall  be 
submitted  to  the  people :  ' '  Shall  negroes  and 
mulattoes  be  elio-ible  to  exercise  the  elective 
franchise ? ' '  and  if  a  majority  of  the  qualified 
voters  of  the  State  shall  vote  in  favor  of  the 
proposition,  then  negroes  and  mulattoes 
shall  thereafter  be  deemed  qualified  electors, 
as  provided  in  the  case  of  wTiite  men  in  the 
preceding  section. 

Sec  3.  It  shall  be  the  duty  of  the  General 
Assembly  to  require  such  oaths  and  provide 
such  penalties  as  will  effectually  prevent  per- 
sons from  voting  who  are  declared  ineligible 
in  the  first  section  of  this  article. 

Mr.  Gilbert  of  Platte  moved  that  Mr. 
Switzler  be  added  to  the  Committee  on 
Emancipation. 

Mr.  Folmseee  raised  a  point  of  order. 

The  President  decided  the  motion  in 
order. 

The  question  then  being  demanded,  the 
motion  was  lost. 

Mr.  Fletcher  offered  the  following  reso- 
lution in  relation  to  suffrage,  which  was 
read,  and,  on  motion,  referred  to  the  Com- 
mittee on  Franchise : 

Resolved,  That  from  and  after  the  1st  day 
of  April,  1865,  no  man  in  the  State  of  Mis- 
souri shall  be  entitled  to  vote  unless  he  has 
paid  his  taxes  for  the  preceding  year.  Any 
neglect  of  the  assessor  to  assess  the  voter 
shall  not  debar  him  of  his  vote,  provided  he 
proves  the  assessor  has  neglected  to  place 
him  on  the  book. 

Mr.  Bonham  offered  the  following  ordi- 
nance in  relation  to  suffrage,  which  was 
read  the  first  time,  and,  on  motion,  the  rules 
governing  the  Convention  wrere  suspended, 
and  the  ordinance  was  read  the  second  time, 
and  referred  to  the  Committee  on  Elective 
Franchise : 

article  — . 
On  Suffrage. 

Section  1 .  Every  male  person  of  the  age 
of  twenty-one  years  or  upward,  who  is  a 
citizen  of  the  United  States,  and  has  resided 
in  this  State  one  year  next  preceding  any 
election,  and  thirty  days  in  the  county 
wherein  he  offers  to  vote',  shall  be  deemed  a 
qualified  voter  at  sucii  election,  and  shall  be 
eligible  to  any  office  in  this  State. 


21 


.Sec.  2.  Every  male  person  of  foreign  I 
birth,  of  the  age  of  twenty-one  ve^rs  or 
upward,  who  has  resided  in  this  State  one 
i  year  next  preceding  any  election ,  and  thirty 
1  days  in  the  county  wherein  he  offers  to  vote, 
and  who  has  declared  his  intention  to  become  ; 
a  citizen  of  the  United  States,  conformably 
to  the  laws  of  the  United  States,  on  the  sub- 
f.ject  of  naturalization,  shall  be  deemed  a 
qualified  voter  at  such  election,  and  be  eligi-  j 
ble  to  any  office  in  this  State.  (Governor,  j 
Lieutenant  Governor.  Judges  of  the  Supreme 
Court  and  Circuit  Court  excepted),  until  such 
persons  become  citizens  of  the  United  States. 

Sec.  3.  Citizens  of  the  United  States, 
who  have  resided  in  this  State  thirty  days 
next  preceding  any  Presidential  election, 
shall  have  the  right  to  vote  for  President  and 
Vice  President  of  the  United  States. 

Sec.  4.  Xo  person  shall  be  allowed  to 
vote  or  hold  office  in  this  State,  who  has. 
since  the  fourth  day  of  March.  A.  D.  eigh- 
teen hundred  and  sixty-one,  levied  Avar  or 
taken  up  arms  against  the  Government  of 
the  United  States  "or  against  the  Provisional 
Government  of  this  State,  or  aided  and  j 
abetted  the  enemy  thereof,  by  furnishing  j 
subsistence  of  any  kind  or  description,  or 
by  furnishing  munitions  of  war  of  any  kind 
or  description,  to  persons  belonging  to.  or 
being  with,  the  Confederate  array,  or  to 
guerrillas  or  bushwhackers. 

Sec.  5.  Xo  person  shall  be  allowed  to 
vote  or  hold  office  in  this  State,  who  has. 
since  the  fourth  day  of  March,  A.  D.  eigh- 
teen hundred  and  sixty-one,  refused  to  aid 
the  Government  of  the'United  States,  or  the 
Government  of  the  State  of  Missouri,  in 
suppressing  the  present  rebellion  at  any  time, 
thereby  acknowledging  themselves  4  •  in 
sympathy  with  rebellion. ' : 

Sec.  6.  Xo  person  shall  be  allowed  to  vote 
or  hold  office  in  this  State,  who  has.  since! 
the  fourth  day  of  March,  A.  D.  eighteen 
hundred  and  sixty-one.  been  adjudged  by; 
the  authorities  to  leave  the  State  of  Missouri, 
or  who  has  been  adjudged  to  take  an  oath 
and  enter  into  bonds,  on  the  ground  of  such 
person  or  persons  aiding  or  abetting  the 
present  rebellion,  by  speaking,  writing,  or 
publishing  treasonable  language  against  the 
Government  of  the  United  States,  or  the 
Government  of  this  State . 

Sec.  7.  All  persons  heretofore  drafted  in 
the  State  of  Missouri,  into  the  service  of  the 
United  States,  who  are  absent  from  the  State 
(except  absent  on  military  duty) ,  and  who 
shall  not  return  and  report  themselves  to  the 
Provost  Marshal  of  the  district  wherein  he 
or  they  were  drafted,  before  the  first  day  of 
February.  A.  D.  eighteen  hundred  and 
sixty-five,  shall  be  precluded  from  the  right 
to  vote  or  hold  office  in  this  State,  and  all 
persons  hereafter  drafted  in  this  State,  who 
neglect  or  refuse  to  report,  to  the  order  of 
the  Provost  Marshal  of  the'  district  wherein 
lie  or  they  mav  have  been  drafted,  shall  be 
precluded  from  the  right  to  vote  or  hold 
office  in  this  State. 


Sec.  S.  At  the  expiration  of  one  year 
after  the  present  rebellion  is  declared  by  the 
Government  of  the  United  States  to  'have 
ended,  the  Legislature  shall  have  the  power 
to  pass  laws  extending  the  right  of  suffrage 
and  holding-  office  to  the  classes  of  persons 
mentioned  in  the  next  three  preceding  sec- 
tions, upon  such  conditions,  and  under  such 
restrictions,  as  they  may  deem  proper  for 
the  public  welfare . 

Sec.  9.  All  persons  who  shall  hereafter 
levy  war.  or  take  up  arms  against  the  Gov- 
ernment of  the  United  States,  or  against  the 
Government  of  this  State;  or  who'shall  aid 
and  abet  the  enemy  thereof,  by  furnishing 
subsistence  of  any  kind  or  description  what- 
ever, or  munitions  of  \var  of  any  kind,  or 
by  secreting  the  enemy,  giving  them  aid  and 
comfort;  of  by  speaking,  writing,  or  pub- 
lishing treasonable  language  against  either 
Government  aforesaid:  or  who  shall  refuse 
to  aid  either  Government  during  any  inva- 
sion, insurrection  or  rebellion,  or  who  shall 
commit  any  treasonable  act  not  herein  enu- 
merated, shall  be  precluded  from  voting  or 
holding  officejn  this  State. 

Sec.  10.  >.o  person  being  a  defaulter  to 
the  Lnited  States,  or  to  this  State,  or  to  any 
county,  township,  or  school  district  herein, 
or  to  any  State  or  Territory  within  the  United 
States,  shall  be  eligible  to' any  office  of  trust, 
profit  or  honor  in  this  State.' 

Sec.  11.  Laws  may  be  passed  excluding 
from  the  right  of  suffrage  persons  convietecl 
of  felony,  larceny,  forgery,  bribery  or  other 
infamous  crime!  unless '  restored  to  civil 
rights . 

Sec.  12.  All  laws  passed  for  the  election 
of  State,  district  and  county  officers,  shall 
be  general  and  uniform  throughout  the  State, 
and  all  votes  given  for  such  officers  shall  be 
by  ballot,  not  numbered.  All  other  officers 
may  be  chosen  as  the  Legislature  may  direct. 

Mr.  Gilstrap  offered  the  following  ordi- 
nance relative  to  the  abolition  of  slavery  in 
this  State,  which  was  read  the  first  time, 
and.  on  motion,  the  rules  governing  the 
Convention  were  suspended,  and  the  ordi- 
nance was  read  the  second  time,  and  refer- 
red to  the  Committee  on  Emancipation: 

Be  it  ordained  by  the  People  of  the  State  of  Mis- 
souri, in  Convention  assembled,: 
That  the  following  be  and  is  hereby  adopted 

as  a  separate  article  in  the  Constitution  of 

said  State : 

article  — . 

Section  1.  That  from  and  after  the  adop- 
tion of  this  article,  slavery  or  involuntary 
servitude,  except  for  crime,  whereof  the  ac- 
cused shall  be  duly  convicted,  is  hereby  for- 
ever prohibited,  within  this  State.  And  all 
persons  held  to  slavery,  or  involuntary  ser- 
vitude, except  as  aforesaid,  within  the  State, 
are  hereby  declared  free . 

On  motion  of  Mr.  Bush,  Mr.  D'Oench 
was  added  to  the  Committee  on  Banks. 


22 


On  motion  of  Mr.  Williams  of  Caldwell, 
Mr.  Budd  was  added  to  the  Committee  on 
Education. 

On  motion  of  Mr.  Fletcher,  Mr.  Meyer 
v  as  added  to  the  Committee  on  Banks. 

Mr.  Budd  oft'ered  the  following  resolution, 
which  was  read: 

Resolved,  That  the  Sergeant-at-arms  be, 
and  is  hereby,  required  to  procure  and  fur- 
nish to  each  member  and  officer,  one  hundred 
three-cent  stamps,  and  three  hundred  two- 
cent  stamps,  to  be  paid  out  of  the  contingent 
fund  of  the  Convention. 

Mr.  Filley  moved  to  lay  the  resolution 
on  the  table,  and  demanded  the  ayes  and 
noes,  which  being  taken,  the  vote  stood  as 
follows: 

Ayes — Messrs.  Bush.  Childress,  Dodson, 
D'Oench,  Esther,  Filley,  Fletcher,  Fulker- 
son,  Holcomb,  Husmann,  King,  Mack, 
Meyer,  Morton,  Newgent,  Peck,  Rankin, 
St.  Gem,  Strong,  Sutton,  Thilenius,  Wil- 
liams of  Caldwell,  and  Williams  of  Scotland 
—23. 

Noes— Messrs.  Bedford,  Bonham,  Budd, 
Bunce,  Clover,  Cowden,  Davis  of  Nodaway, 
Ellis,  Evans,  Folmsbee,  Gamble,  Gilbert 'of 
Lawrence.  Gilbert  of  "Platte,  Grammer, 
Harris,  Henderson,  Holds  worth,  Holland, 
Hughes,  Hume,  Leonard,  McKernan,  Mc- 
Pherson, Martin,  Mitchell,  Nixdorf,  Rohrer, 
Smith  of  Mercer.  Swearingen,  Switzler, 
Weatherby,  and  Mr.  President— 32 . 

Absent — Messrs.  Adams,  Davis  of  New 
Madrid,  Drake.  Gilstrap,  Green,  Linton, 
Owens,  and  Smith  of  Worth— 8. 

So  the  motion  to  lay  on  the  table  was  lost. 
On    motion,   the   resolution    was  then 
adopted. 

Mr.  Green  offered  the  following  resolu- 
tion : 

Resolved,  That  in  the  opinion  of  this  Con- 
vention we  would  subserve  the  wishes  of 
our  constituents  and  promote  the  general 
good  of  the  commonwealth  by  reorganizing 
our  judicial  system  so  as  to  meet  the  wants 
and  'interests  of  the  progressive  spirit  of  our 
people,  and  in  such  reorganization  for  the 
purpose  of  accomplishing  these  ends,  and 
putting  a  new  system  in  operation  over  the 
State,  "it  is  further  our  opinion,  that  it  would 
be  best  to  declare  vacant  all  judicial  offices, 
from  the  Supreme  bench  down,  and  that  all 
vacancies  for  the  first  term  be  filled  by  the 
Governor. 

Mr.  Budd  moved  to  suspend  the  rules 
governing  the  Convention,  let  the  resolution 
be  read  the  second  time,  and  be  referred  to 
the  Committee  on  the  Judiciary. 

Mr.  Fletcher  moved  to  lay  the  resolution 
on  the  table. 


Mr.  Green  demanded  the  ayes  and  noes, 
and  the  vote  being  taken ,  stood  as  follows : 

Ayes — Messrs.  Esther,  Fletcher,  Gilbert 
of  Platte,  Harris,  Morton,  Owens,  Rankin, 
and  Switzler — 8. 

Noes — Messrs.  Bedford,  Bonham,  Budd, 
Bunce.  Bush,  Childress,  Clover,  Cowden, 
Davis  of  Nodaway,  Dodson,  D'Oench,  Ellis, 
Evans,  Filley,  Folmsbee,  Fulkerson,  Gam- 
ble, Gilbert  of  Lawrence.  Gilstrap,  Gram- 
mer, Green,  Henderson,  Holcomb,  Holds- 
worth,  Holland,  Huo-hes,  iluine,  Husmann, 
King,  Leonard,  McKernan,  McPherson, 
Mack,  Martin,  Meyer,  Mitchell,  Newgent, 
Nixdorf,  Peck,  Rohrer,  St.  Gem,  Smith 
of  Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen,  Thilenius,  Weatherby,  Wil- 
liams of  Caldwell,  Williams  of  Scotland,  and 
Mr.  President — 51. 

Absent — Messrs.  Adams,  Davis  of  New- 
Madrid,  Drake,  and  Linton — 4. 

So  the  motion  to  lay  on  the  table  was  dis- 
agreed to. 

Mr.  Switzler  offered  the  following  amend- 
ment to  Mr.  Green's  resolution: 
Strike  out  the  words  4  'for  the  first  term. ' ' 
Mr.  Williams  of  Caldwell  moved  to  lay 
the  amendment  offered  by  Mr.  Switzler  on 
the  table. 

By  request  of  the  President,  Mr.  Wil- 
liams temporarily  withdrew  his  motion. 

On  motion  of  Mr.  Green,  Mr.  Switzler 
was  allowed  to  speak  the  second  time  on  the 
subject  of  his  amendment. 

After  which,  the  question  then  being  on 
the  adoption  of  the  amendment  offered  by 
Mr.  Switzler,  Mr.  Williams  of  Caldwell 
demanded  the  ayes  and  noes,  and  the  vote 
being  taken,  stood  as  follows, : 

Ayes — Messrs.  Fletcher,  Grammer,  Leon- 
ard, Linton,  Owens,  and  Switzler — 6. 

Noes — Messrs.  Bonham,  Budd,  Bunce, 
Bush,  Childress,  Clover,  Cowden,  Davis  of 
Nodaway,  Dodson,  D'Oench,  Ellis,  Esther, 
Evans,  Filley,  Folmsbee,  Fulkerson,  Gam- 
ble, Gilbert  of  LawTence,  Gilbert  of  Platte, 
Gilstrap,  Green,  Harris,  Henderson,  Hol- 
comb, Holdsworth,  Holland,  Huo-hes,  Hume , 
Husmann,  King,  McKernan,  McPherson, 
Mack,  Martin,  Mitchell,  Morton,  Newgent, 
Nixdorf,  Peck,  Rankin,  Rohrer,  St.  Gem. 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Thilenius,  Weatherby, 
Williams  of  Caldwell,  Williams  of  Scot- 
land, and  Mr.  President— 52. 

Absent — Messrs.  Adams,  Bedford,  Davis 
of  New  Madrid,  Drake,  and  Meyer— 5. 

So  the  amendment  was  disagreed  to. 

Mr.  Strong  offered  the  following  amend- 
ment to  Mr.  Green's  resolution,  which  was 
accepted  by  Mr.  Green: 


23 


Strike  out  the  words  ' '  after  the  first  term , ' ' 
and  insert  the  words  *  'until  the  first  regular 
election  for  State  officers . ' ' 

Mr.  Owens  offered  the  following  as  an 
amendment: 

"And  reduce  the  number  of  Judicial  Cir- 
cuits to  fourteen . ' ' 


Mr.  Martin  moved  to  also  amend  by  in- 
serting all  county  court  justices,  all  clerks  of 
courts  of  record,  all  sheriffs,  and  all  asses- 
sors of  the  several  counties . 

On  motion,  the  Convention  adjourned  until 
to-morrow  morning  at  10  o'clock. 


FIFTH  D  A.  Y  - 


WEDNESDAY,  January  11th,  1865. 


The  Convention  met  pursuant  to  adjourn- 
ment, tlie  President  in  the  Chair. 

Prayer  was  offered  by  Rev.  Mr.  Cox. 

On  calling  the  roll  of  members,  the  follow- 
ing gentlemen  responded  to  their  names .  viz : 

Messrs.  Adams,  Bedford,  Bonham.  Budd, 
Bunce,  Childress,  Cowden.  Davis  of  New 
Madrid.  Davis  of  Nodaway,  Dodson, 
D'Oeneh,  Drake,  Ellis.  Esther,  Evans.  Fil- 
ley,  Fletcher,  Folmsbee,  Foster,  Fulkerson, 
Gamble,  Gilbert  of  Lawrence,  Gilbert  of 
Platte.  Gilstrap,  Crammer.  Green,  Harris, 
Henderson,  Holcomb,  Holdsworth,  Holland, 
Hughes,  Hume,  Husmann,  King,  Leonard, 
Linton.  McKernan,  McPherson,  Mack,  Mar- 
tin, Meyer,  Mitchell,  Morton,  Newgent,  Nix- 
dorf,  Owens,  Peck,  Rankin.  Rohrer,  St. 
Gem,  Smith  of  Mercer,  Strong,  Sutton, 
Swearinsren,  Switzler.  Thilenius,  Weath- 
erby.  Williams  of  Caldwell.  Williams  of 
Scotland,  and  Mr.  President — 61. 

Absent — Messrs.  Bush,  Clover,  and  Smith 
of  Worth— 3. 

The  journal  of  yesterday's  proceedings 
was  read  by  the  Secretary,  and  approved. 

On  motion  of  Mr.  Fillet,  Mr.  St.  Gem 
was  added  to  the  Committee  on  Judicial  De- 
partment. 

Mr.  Strong,  Chairman  of  the.  Committee 
on  Credentials ,  stated  that  Mr.  Emory  S .  Fos- 
ter, of  the  Fifteenth  Senatorial  District,  had 
presented  his  credentials,  and  that  they  were 
correct . 

Mr.  Foster  was  duly  enrolled  as  a  mem- 
ber, and  came  forward  and  took  the  oath. 

Mr.  Budd  presented  an  ordinance  relative 
to  changing  the  permanent  seat  of  govern- 
ment, which  was  read  the  first  time  for  infor- 
mation. 

On  motion,  the  rules  were  suspended  and  it 
was  read  the  second  time  by  its  title,  and 
referred  to  the  Committee  on  the  Seat  of 
Government . 


Mr.  Budd  offered  the  following  ordinance 
providing  additional  qualifications  for  voters, 
preventing  frauds  at  elections ,  and  for  other 
purposes.    Head  the  first  time  and  laid  over: 

AN  ORDINANCE  PROVIDING  ADDITIONAL  QUALI- 
FICATIONS FOR  VOTERS,  PREVENTING  FRAUDS 
AT  ELECTIONS,  AND  FOR  OTHER  PURPOSES. 

Be  it  ordained  by  the  People  of  the  State  of  Mis- 
souri, in  Convention  assembled,,  as  follows, 
to-vjit  : 

Section  1.  A  registry  of  electors  is 
hereby  created  and  established  in  each  coun- 
ty in  the  State,  hi  which  shall  be  kept  a  record 
of  all  persons  qualified  to  vote  under  this 
ordinance . 

Sec.  2.  The  Register  of  Electors,  in  his 
county,  shall  have  power,  and  it  shall  be  his 
duty,  to  examine  under  oath  all  persons  who 
make  application  to  have  their  names  regis- 
tered [as  electors] ,  in  relation  to  their  qual- 
ifications as  voters,  which,  if  he  find  to  be  in 
accordance  with  the  requirements  of  the 
constitution,  ordinances  and  laws  of  the 
State,  he  shall  issue  his  certificate  of  regis- 
tration, duly  signed  and  sealed,  which,  when 
exhibited  to  the  judges  of  any  election,  shall 
be  prima  facie  evidence  of  the  right  of  the 
person  in  whose  name  it  is  issued  to  vote 
during  that  year. 

Sec.  3.  Each  Register  shall  use  a  seal, 
bearing  upon  it  the  legend  of  his  office. 

Sec.  4.  No  person  shall  vote  at  any  elec- 
tion to  be  hereafter  held  in  this  State,  or  in 
pursuance  of  the  Constitution  and  laws  there- 
of, whether  State,  county,  township,  or 
municipal,  unless  he  exhibit  to  the  judges 
thereof  his  certificate  of  registration  for  the 
current  year;  and  the  judges  of  elections 
shall  cause  the  number  of  each  voter's  certifi- 
cate to  be  entered  upon  the  poll-book,  oppo- 
site his  name. 

Sec.  5.  The  Governor  of  the  State,  shall, 
on  or  before  the  4th  day  of  March,  1865.  and 
every  six  years  thereafter,  appoint  said 
Registers  of  Electors,  who  shall  hold  their 
offices  for  six  years,  and  until  their  succes- 
sors are  duly  appointed  and  qualified. 


24 


Sec.  6.  The  oath  required  in  an  ordinance 
entitled  '  'An  ordinance  defining  the  qualifi- 
cations of  voters  and  civil  officers  in  this 
State,"  adopted  in  Convention,  June  10, 
A.  D.  1802,  to  be  taken  by  electors  previ- 
ously to  voting,  shall  be  administered  by, 
and  subscribed  to,  before  said  Registers;  and 
in  addition  thereto  the  following  oath  shall 
be  taken  by,  and  subscribed  to,  by  all  natu- 
ralized citizens,  before  said  Registers,  to- wit: 

I,  ,  do  solemnly  swear  (  or  affirm,  as 

the  case  may  be,)  that  I  have  not,  during 
my  residence  within  the  United  States,  or 
any  of  the  Territories  thereof,  in  any  man- 
ner claimed  the  protection  of  any  foreign 
prince,  potentate.  State  or  sovereignty, 
and  particularly  the  [  here  insert  the  name  of 
the  prince,  potentate,  State  or  sovereignty 
whereof  the  applicant  was  a  subject.]  So 
help  me  God. 

Sec.  7.  The  certificates  of  registration  to 
be  issued  as  above  provided  for,  shall  be  in 
numerical  order,  and  in  the  following  form, 
to -wit: 

County  of  ,  \ 

State  of  Missouri,  j 

 [Date.] 

Certificate  of  Registration  No.  — . 

This  is  to  certify  that  [name]  aged 
[  years  ]  a  native  of  [  country  ]  residing  in 
[  ward  or  township  ]  has  registered  his  name 
pursuant  to  ordinance. 

 ,  Register  of  Electors. 

Sec.  8.  Each  comity  court,  at  its  county 
seat,  shall  provide  a  suitable  room  in  which 
said  Eegister  shall  perform  his  duties,  and 
he  shall  be  supplied  by  said  court  with  the 
necessary  furniture  and  stationery. 

Sec.  9.  Each  Eegister,  before  entering 
upon  the  performance  of  his  duties,  shall 
file  with  the  clerk  of  his  county  court,  an 
oath  that  he  will  support  the  constitution  of 
the  United  States,  of  the  State  of  Missouri, 
and  that  he  will  faithfully  and  impartially 
perform  the  duties  of  his  office . 

Sec.  10.  He  shall  keep,  in  a  well  bound 
book,  a  copy  of  each  certificate  issued  by 
him,  showing,  in  alphabetical  order,  the 
names  and  number  of  electors  registered 
from  each  ward  or  township . 

Sec  .  11 .  Each  Eegister  shall  demand  and 
receive  two  dollars  from  each  person  to 
whom  he  issues  a  certificate  of  registration, 
which  he  shall  pay  over  to  the  Treasurer  of 
his  county  at  the  end  of  each  and  every 
month,  reserving,  however,  therefrom,  sixty 
cents  for  each  certificate  issued  by  him", 
which  shall  be  full  compensation  for  his  ser- 
vices under  this  ordinance.  He  shall  also 
obtain  duplicate  receipts  from  said  Treasurer 
for  the  amounts  paid  him.  Each  Eegister 
shall  exhibit,  quarterly,  to  the  county  court 
of  his  county,  his  books,  showing  the 
amount  collected  from  each  township  by 
him,  and  presenting  the  Treasurer's  receipt 
for  the  amount  paid  over. 


Sec.  12.  Each  Eegister,  before  entering 
upon  his  duties,  shall  give  bond,  to  be  filecl 
with  and  approved  by  the  county  court  of 
his  county,  in  the  penal  sum  of  two  thousand 
dollars,  with  good  and  sufficient  securities 
conditioned  for  the  faithful  performance  of 
his  duty;  except  the  Eegister  of  St.  Louis 
county,  whose  bond  shall  be  five  thousand 
dollars.  Each  Eegister  shall  be  in  his  office 
from  9  o'clock  a.  m.  to  4  o'clock  r.  m., 
every  working  day  in  the  year,  and  he  may 
employ  deputies. 

Sec.  13.  If  the  Eegister  at  any  time  fail 
to  comply  with  the  provisions  of  this  ordi- 
nance, the  county  court  of  his  county  shall 
notify  the  Governor  of  the  nature  of  his 
delinquency,  whereupon  the  Governor  may 
remove  said  Eegister  and  appoint  another  for 
the  remainder  of  the  term,  and  said  county 
court  may  enter  suit  in  any  court  of  com- 
petent jurisdiction,  against  said  delinquent 
Eegister  and  his  securities,  and  recover 
damages  to  the  amount  of  his  bond. 

Sec.  14.  The  county  court  of  each  county 
shall  appropriate  all  money  paid  into  the 
treasury,  under  this  ordinance,  to  the 
township  school  fund,  to  be  turned  over  to 
the  officers  thereof  upon  proper  requisition. 

Sec.  15.  Soldiers,  while  in  active  service, 
shall  not  be  subject  to  the  operations  of  this 
ordinance . 

Sec.  10.  Any  person  who  shall  make  any 
false  representations  to  any  Eegister  of  Elect- 
ors, for  the  purpose  of  obtaining  a  certificate 
of  registration,  upon  conviction  thereof  by 
any  court  of  competent  jurisdiction,  shall  be 
adjudged  guilty  of  perjury,  and  shall  be 
punished  therefor  in  accordance  with  exist- 
ing laws . 

On  motion  of  Mr.  Strong,  Mr.  Bonham 
was  added  to  the  Committee  on  Education. 

The  ordinance  offered  by  Mr.  Holland, 
1  'declaring  the  qualification  of  voters, ' '  was 
called  up,  read  a  second  time,  and  referred 
to  the  Committee  on  Elective  Franchise . 

The  resolution  of  Mr.  Green,  with  its 
amendment,  was  called  up,  and  on  motion 
of  Mr.  Drake,  the  same  was  referred  to  the 
Committee  on  the  Judicial  Department,  by 
the  following  vote,  the  ayes  and  noes  having 
been  demanded : 

Ayes — Messrs.  Adams,  Bedford,  Bon- 
ham, Budd,  Bunce,  Childress,  Clover, 
Davis  of  New  Madrid,  Davis  of  Nodaway, 
Dodson,  D'Oench,  Drake,  Ellis,  Esther, 
Evans,  Fillev,  Fletcher,  Folmsbee,  Foster, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Gilbert  of  Platte,  Gramnier.  Green,  Harris, 
Henderson,  Holcomb,  Holds  worth,  Hol- 
land, Hughes,  Hume,  Husmann.  King, 
Leonard,  Linton,  McEernan,  MePherson, 
Mack,  Martin,  Meyer,  Mitchell,  Morton, 
Newgent,  Mxdorf,  Owens,  Peck,  Rankin, 
Eohrer,  St.  Gem,  Smith  of  Mercer,  Smith 
of  Worth,    Strong,   Sutton,  Swearingen, 


25 


Switzler,  Thilenius,  Weatuerby,  Williams 
of  Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 61 . 
Hoes — Xone. 

Absent — Messrs.  Bush,  Cowden,  and  Gil- 
strap — 3 . 

Mr.  D'Oexch  offered  the  following-  reso- 
lution : 

Resolved,  That  a  Committee  on  Agricul- 
ture be  appointed  by  the  Chair. 

On  motion  of  Mr.  Budd,  the  resolution 
was  laid  on  the  table . 

Mr.  Smith  of  Mercer  offered  the  follow- 
ing resolution ,  which  was  adopted : 

Resolved,  That  a  committee  of  five  be  ap- 
pointed by  the  Chair,  whose  duty  it  shall  be 
to  ascertain  whether  there  is  any  member, 
or  members,  elected  to  this  Convention, 
who  have,  in  any  way,  identified  themselves 
in  favor  of  the  rebellion,  and  report  as  soon 
as  possible. 

Mr.  Bedford  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  Committee  on  Finance 
be  requested  to  inquire  into  the  expediency  of 
taxing  all  property  belonging  to  railroad 
companies  and  churches,  not  now  subject  to 
taxation. _  Also,  the  expediency  of  prohibit- 
ing- the  Legislature  from  exempting"  from 
taxation  any  property  whatever,  until  the 
final  liquidation  of  the  present  indebtedness 
of  the  State,  and  report  the  same  to  this 
Convention. 

Mr.  Strong,  Chairman  of  the  Committee 
on  Emancipation,  reported  the  following 
ordinance,  and  recommended  its  adoption: 

AX  ORDINANCE  ABOLISHING  SLAVERY  IN  MIS- 
SOURI. 

Be  it  ordained  by  People  of  the  State  of  Mis- 
souri, hi  Convention  assembled: 

That  hereafter,  in  this  State,  there  shall  be 
neither  slavery  nor  involuntary  servitude, 
except  in  punishment  of  crime /whereof  the 
party  shall  have  been  duly  convicted:  and 
all  persons  held  to  service  or  labor  as  slaves 
are  hereby  declared  free . 

Mr.  Strong  moved  to  suspend  the  rules 
governing  the  Convention ,  so  that  the  ordi- 
nance may  be  read  the  first,  second  and 
third  time. 

The  motion  was  agreed  to.  and  the  ordi- 
nance read  the  first  and  second  time. 

Mr.  Drake  offered  the  following  amend- 
ment to  the  ordinance: 

Sec.  2.  That  no  person  can,  on  account 
of  color,  be  disqualified  as  a  witness,  or  be 
disabled  to  contract,  or  be  prevented  from 
acquiring,  holding,  or  transmitting  prop- 
erty; or  be  liable  to  any  other  punishment, 
for  any  offense,  than  that  imposed  on  others  I 


for  a  like  offense:  or  be  restricted  in  the  ex- 
ercise of  religious  worship ,  or  be  hindered 
in  receiving  education;  or  be  subjected,  in 
law.  to  any  other  restraints  or  disqualifica- 
tions, in  regard  to  any  personal  rights,  than 
as  are  laid  upon  others  under  like  circum- 
stances. 

Sec.  3.  That  no  person  made  free  by  this 
ordinance  shall  be  apprenticed  by  any  county 
court,  or  other  authority,  to  any  person, 
except  in  pursuance  of  law  hereafter  passed, 
made  specially  applicable  to  that  class  of 
persons". 

Mr.  Filley  moved  the  adoption  of  the 
amendment  offered  by  Mr.  Drake. 

Mr.  Gilstrap  moved  to  strike  out  of  the 
first  section  of  the  amendment  the  words 
'  'be  disqualified  as  a  witness. ' ' 

Mr.  Switzler  moved  to  amend  the  amend- 
ment by  adding,  as  an  additional  section,  the 
following : 

Sec.  4.  And  it  shall  be  the  dim-  of  the 
Legislature  to  provide,  by  law,  for  appren- 
ticing all  slaves  emancipated  by  this  ordi- 
nance, between  the  ages  of  'twelve  and 
twenty- one  years . 

Mr,  Clover  moved  to  reject  the  amend- 
ment of  Mr .  Switzler . 

On  which  motion  Mr.  Switzler  demanded 
the  ayes  and  noes,  and  the  vote,  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Adams,  Bonham.  Budd. 
Bunce,  Childress.  Clover.  Cowden,  Davis  of 
Xodawav.  Dodson.  D'Oench,  Drake.  Ellis. 
Esther,  Evans,  Filley.  Fletcher,  Folmsbee, 
Foster,  Fulkerson.  Gamble.  Gilbert  of  Law- 
rence, Gilstrap.  Grammer.  Green.  Hen- 
derson, Holcomb.  Holds  worth,  Holland. 
Hughes,  Hume,  Husmann.  King;,  Leonard. 
Linton.  MeKernan.  McPherson,  Mack,  Mar- 
tin, Meyer.  Mitchell.  Xewgent.  Xixdorf, 
Owens/Peck,  Eankin.  Bohrer,  St.  Gem, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Thilenius.  Weatherby, 
Williams  of  Caldwell.  Williams  of  Scotland, 
and  Mr.  President — 57. 

Noes — Messrs.   Bedford,  Davis  of  New 
Madrid.  Gilbert  of  Platte.  Harris,  Morton, 
and  Switzler — 6. 
Absent — Mr.  Bush. 
So  the  amendment  was  rejected. 
Mr.  Filley  moved  the  rejection  of  Mi*. 
Gil  strap's  amendment. 

Upon  which.  Mr.  Gilstrap  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes— Messrs.  Adams,  Bonham.  Budd. 
Bunce.  Childress,  Clover.  Cowden.  Davis  of 
Nodaway,  D'Oench.  Drake.  Ellis.  Esther. 
Evans.  Filley.  Fletcher.  Folmsbee,  Foster, 
Fulkerson.  Gamble.  Gilbert  of  Lawrence, 
I  Henderson.  Holcombe.  Holdsworth.  Hol- 
land, Hughes,   Hume,    Husmann,  King, 


26 


Leonard,  Linton,  McKernan,  McPherson, 
Mack,  Meyer,  Nixdorf,  Owens,  Peck, 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Smith 
of  Worth,  Strong.  Sutton,  Thilenius, 
Weatherbjr,  Williams  of  Caldwell,  Williams 
of  Scotland,  and  Mr.  President— 48. 

Noes— Messrs.  Bedford,  Davis  of  New 
Madrid,  Dodson,  Gilbert  of  Platte,  Gilstrap, 
Grammer,  Green,  Harris,  Martin,  Mitchell, 
Morton,  Newgent,  Rankin,  Swearingen, 
and  Switzler — 15. 

Absent— Mr.  Bush. 

So  the  amendment  was  rejected. 

Mr.  Clover  moved  to  adjourn. 

Upon  which  motion  Mr.  Owens  demanded 
the  ayes  and  noes,  which  being  taken,  the 
motion  was  lost,  by  the  following  vote: 

Ayes — Messrs.  Bedford,  Clover,  Davis  of 
New  Madrid,  Fletcher,  Gamble,  Gilbert  of 
Platte,  Harris,  Martin,  Morton,  and  Switz- 
ler—10. 

Noes — Messrs.  Adams,  Bonliam,  Budd, 
Bunce,  Childress,  Cowden,  Davis  of  Noda- 
way, Dodson,  D'Oench,  Drake,  Ellis, 
Esther,  Evans,  Filley,  Folmsbee,  Foster, 
Fulkerson,  Gilbert  of  Lawrence,  Gilstrap, 
Grammer,  Green,  Henderson,  Holcomb, 
Holdsworth,  Holland,  Hughes,  Hume, 
Husmann,  King,  Leonard,  Linton,  McKer- 
nan, McPherson,  Mack,  Meyer,  Mitchell. 
Newgent,  Nixdorf,  Owens,  Peck,  Rankin, 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Smith 
of  Worth,  Strong.  Sutton,  Swearingen, 
Thilenius,  Weatherby.  Williams  of  Cald- 
well,  Williams  of  Scotland,  and  Mr.  Presi- 
dent— 53. 

Absent — Mr.  Bush. 

Mr.  Owens  moved  to  amend  Mr.  Drake's 
amendment  by  inserting,  after  the  word 
•'witness,"  in  the  second  line  of  the  first 
section  of  the  amendment,  the  words  "or 
voter. ' ' 

Mr.  Drake  moved  the  rejection  of  Mr. 
Owens'  amendment,  and  on  that  motion 
Mr.  Drake  called  for  the  ayes  and  noes, 
which  being  taken,  the  vote  stood  as  fol- 
lows : 

Ayes — Messrs.  Adams,  Bedford,  Bonham, 
Budd,  Bunce.  Childress,  Clover,  CowTden, 
Davis  of  New  Madrid,  Davis  of  Nodaway, 
Dodson,  D'Oench,  Drake.  Ellis.  Esther, 
Evans,  I[Uley,  Fletcher,  Folmsbee,  Foster, 
Fulkerson,  Gamble.  Gilbert  of  Lawrence, 
Gilbert  of  Platte.  Gilstrap.  Grammer, 
Green,  Harris,  Henderson,  Holdsworth, 
Holland,  Hughes,  Hume.  King,  Leonard, 
Linton,  McKernan.  McPherson,  Mack, 
Martin.  Meyer,  Mitchell,  Morton,  Newgent, 
Nixdorf.  Peck,  Rankin.  Rohrer,  St.  Gem, 
Smith  of  Mercer,  Smith  of  Worth,  Swear- 
in  o-en,  Switzler,  Thilenius,  TVeatherby, 
Williams  of  Caldwell,  Williams  of  Scotland, 
and  Mr.  President— 58 . 


Noes  — Messrs.  Holcomb,  Husmann, 
Owens,  and  Sutton — 4. 

Absent— Messrs.  Bush,  and  Strong— 2. 

So  Mr.  Owens'  amendment  was  rejected. 

Mr.  Owens  moved  that  Mr.  Drake's- 
amendment  be  rejected,  and  the  ayes  and 
noes  being  demanded  on  this  motion,  the 
vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Bedford,  Budd,  Childress, 
Clover,  Cowden,  Davis  of  New  Madrid, 
Dodson,  Esther,  Fletcher,  Foster,  Gamble, 
Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Grammer,  Green,  Harris,  Holcomb,  Hus- 
mann. Leonard,  Linton,  McKernan,  Mc- 
Pherson, Mack,  Martin,  Meyer.  Mitchell. 
Morton,  Newgent.  Nixdorf,  Owens,  Peck, 
Rankin,  Rohrer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  and  Switzler— 38. 

Noes — Messrs.  Adams,  Bonham,  Bunce, 
Davis  of  Nodaway,  D'Oench,  Drake,  Ellis, 
Evans,  Filley,  Folmsbee,  Fulkerson,  Gil- 
strap, Henderson,  Holdsworth,  Holland, 
Hughes,  Hume,  King,  St.  Gem,  Smith  of 
Mercer,  Thilenius,  Weatherby,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President; — 25 . 

Absent — Mr.  Bush. 

So  the  amendment  of  Mr.  Drake  was  re- 
jected. 

Mr.  Strong  moved  that  the  Emancipation 
Ordinance  be  read  a  third  time,  and  put  upon 
its  passage. 

The  motion  was  agreed  to . 

Mr.  Gilstrap  moved  a  suspension  of  the 
rules  requiring  it  to  be  read  on  three  several 
days,  which  was  agreed  to. 

Mr.  Bonham  demanded  the  previous  ques- 
tion, which  wTas  sustained  by  the  Conven- 
tion . 

The  question  then  being  on  the  final  adop- 
tion of  the  ordinance,  Mr.  Owens  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes  —  Messrs.  Adams,  Bedford.  Bon- 
ham, Budd,  Bunce,  Bush,  Childress, 
Clover,  Cowden,  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Dod>on,  D'Oench, 
Drake,  Ellis,  Esther,  Evans.  Filley, 
Fletcher,  Folmsbee,  Foster,  Fulkerson  Gam- 
ble. Gilbert  of  Lawrence.  Gilstrap,  Grammer, 
Green.  Henderson.  Holcomb.  Holdsworth, 
Holland,  Hughes,  Hume,  Husmann,  King, 
Leonard.  Linton,  McKernan,  McPherson, 
Mack,  Martin,  Meyer,  Mitchell,  Newgent, 
Nixdorf,  Owens,  Peck,  Rankin,  Rohrer, 
St.  Gem,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen.  Thilenius, 
Weatherby,  Williams  of  Caldwell,  Wil- 
liams of  Scotland,  and  Mr.  President — 60. 

Noes — Messrs.  Gilbert  of  Platte,  Harris, 
Morton,  and  Switzler — 4. 

So  the  Ordinance  of  Emancipation  was 
adopted. 


Mr.  Owens  moved  to  reconsider  the  vote 
011  the  adoption  of  the  Ordinance  of  Emanci- 
pation, and  lay  that  motion  on  the  table, 
which  latter  motion  was  agreed  to. 

On  motion  of  Mr.  Owisxs,  Rev.  Dr. 
Eliot  came  forward  and  offered  up  a  prayer 
of  thanks. 

Mr.  Gelstrap  offered  the  following  reso- 
lution, which  was  adopted: 

Resolved,  That  the  Hth  rule,  governing 
the  proceedings  of  the  Convention,  be  sus- 
pended, in  order  that  the  Ordinance  of 
Emancipation  may  be  finally  adopted. 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted : 

Resolved,  That  the  Ordinance  of  Emanci- 
pation be  enrolled  on  parchment,  and  signed 
by  the  members  of  this  Convention,  ana  at- 
tested by  the  Secretary. 


Air.  Budd  offered  the  following  resolution . 
which  was  adopted : 

Resolved,  That  a  copy  of  the  ordinance 
passed  by  this  Convention,  freeing  all  per- 
sons hitherto  held  in  bondage  in  the  State  of 
Missouri,  signed  by  the  President  of  the 
Convention,  and  attested  as  a  true  copy  from 
its  records,  by  the  Secretary,  be.  and  the 
same  shall  be.  placed  in  the  hands  of  a 
special  messenger,  and  transmitted  without 
delay  to  the  Governor  of  the  State,  at  Jef- 
ferson City.  and.  when  received  by  him.  he 
is  requested  by  this  Convention  to  issue  a 
proclamation  to  the  people  of  this  State, 
stating  that,  by  the  irrevocable  action  of  the 
Convention,  slavery  is  abolished  in  the  State 
of  Missouri,  now  and  forever . 

Resolved,  That  a  copy  of  this  resolution  be 
transmitted  to  the  Governor. 

On  morion,  the  Convention  adjourned  un- 
til to-morrow  morning  at  10  o'clock. 


SIXTH 


THURSDAY.  January  12th.  I860. 


jo  adjournment 


Convention  met  pursuani 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Kyle. 

•Journal  of  yesterday's  proceedings  was 
read  by  the  Secretary  and  approved. 

The  roll  being  called,  the  following  gen-  I 
tlemen  answered  to  their  names : 

Messrs.  Bedford.  Bonhani.  Budd.  Bunce.  j 
Bush.  Cowden.  Davis  of  Xew  Madrid,  Davis  i 
ofXodaway.  Dodson,  D'Oench.  Drake.  El- j 
lis,  Esther,  Evans.  Pilley,  Folmsbee.  Fos- 
ter. Eulkerson.  Gamble'.  Gilbert  of  Law- 
rence. Gilbert  of  Platte.  Grammer.  Green. 
Harris.  Henderson.  Holcomb,  Hold  worth. 
Holland.  Hughes,  Hume.  Husmann.  King, 
Leonard,   McKernan,  McPherson,  Mack. 
Martin,  Mitchell.  Morton,  Newgent,  ISix- 
dorf.  Owens.  Peek.  Rankin.  Rohrer.  St.  . 
Gem.  Smith  of  Worth.  Smith  of  Mercer,  j 
Strong.  Sutton.  Swearingen,  Switzler.  Tin- 
lenius,  TVeatherby.  WijBams  of  Caldwell. 
Williams  of  Scotland,  and  Mr.  President; 
— 57. 

Absext — Messrs 
ver.  Fletcher.  Gil? 


Adams.  Childress,  do- 
rap,  Linton,  and  Meyer 


Mr.  Drake  stated  the  cause  of  his  absence 
from  the  Committee  on  Emancipation .  at  the 
time  they  met,  to  have  been  sickness,  and  he 
desired  it  so  to  be  recorded  on  the  journal, 
and  it  was  so  ordered. 


Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  President  of  the  Con- 
vention be  authorized  to  advise  the  President 
of  the  United  States  of  the  adoption  of  the 
Ordinance  of  Emancipation . 

Mr.  Drake  offered  the  following  ordinance, 
which  was  read,  viz: 

AX   OEDIXAXCE    TO    PROTECT  EMANCIPATED 
NEGROES  FROM  APPRENTICESHIP. 

Be  it  ordained  oy  th-e  PeopU  of  the  State  of  Mis- 
souri, hi  Convention  assembled : 
That  no  person  emancipated  by  the  ordi- 
nance abohshing  slavery  in  Missouri ,  adopted 
on  the  11th  day  of  January.  1865,  shall,  by 
any  county  court  or  other  authority,  be 
apprenticed,  or  bound  to  any  person  for  any 
period  of  time,  or  for  any  service,  except  in 
pursuance  of  such  law  as  the  General  As- 
sembly of  this  State  may  hereafter  enact, 
made  'specially  applicable  to  the  persons  so 
emancipated/ 

Upon  motion  of  Mr.  Drake,  the  rules 
governing  the  Convention  were  suspended, 
and  the  ordinance  was  read  the  second  and 
third  time,  and  put  upon  its  final  passage. 

The  question  then  being  upon  the  adop- 
tion of  the  ordinance.  Mr.  Drake  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 


28 


Ayes — Messrs.  Bedford,  Bonham,  Bndd, 
Bunce,  Bush.,  Childress,  Cowden,  Davis  of 
New  Madrid,  Davis  of  Nodaway,  Dodson, 
D'Oench,  Drake,  Ellis,  Esther,  Evans, 
FiUey,  Folmsbee,  Foster,  Fulkerson,  Gam- 
ble, Gilbert  of  Lawrence,  G rammer.  Green, 
Henderson,  Holcomb,  Holdsworth,  Holland, 
Hughes,  Hume,  Husmann,  King,  Leonard, 
Linton,  MeKernan,  McFherson,  Mack,  Mar- 
tin, Meyer,  Mitchell,  Newgent,  Mxdorf, 
Owens,  Peck,  Rankin,  Rohrer,  St.  Gem, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Switzler,  Thilenius, 
Weatherhy,  Williams  of  Caldwell,  Williams 
of  Scotland,  and  Mr.  President — 57. 

Noes— Messrs.  Gilbert  of  Platte,  Harris, 
and  Morton — 3. 

Absent — Messrs.  Adams,  Clover,  Fletcher, 
and  Gil  strap — 1. 

So  the  ordinance,  as  offered  by  Mr.  Drake, 
was  adopted . 

Mr.  Bonham  introduced  the  following 
ordinance : 

AN     ORDINANCE     RELATIVE    TO  ABROGATING 
CERTAIN  PARTS  OP  THE  CONSTITUTION. 

Section  1 .  It  is  hereby  declared  that  any 
section  in  the  Constitution  containing  the 
words  ' '  white  "  or  k  '  slave  ' '  are  hereby 
abrogated . 

Which  was  read  once  and  laid  over  under 
the  rule . 

Mr.  Meyer  offered  the  following  resolu- 
tion : 

Resolved,  That  the  Committee  on  Legisla- 
tive Power  be  instructed  to  inquire  into  the 
expediency  of  inserting  a  clause  into  the 
Constitution  disqualifying  persons  from  be- 
ing eligible  to  either  branch  of  the  General 
Assembly,  or  holding  any  office  of  honor, 
trust,  or  profit,  under  the  Government  of 
the  State  of  Missouri,  who  have  been  mem- 
bers of  the  '  'Knights  of  the  Golden  Circle, ' ' 
'  'Knights  of  the  "Golden  Order, ' '  or  of  any 
other  secret  political  association  of  conspira- 
tors, bound  by  secret  oaths  so  odious  and 
obnoxious  to  the  best  interests  of  society  and 
government,  and  the  rights  and  privileges  of 
citizens  in  a  free  republic. 

Mr.  St.  Gem  offered  the  following 
amendment  to  the  resolution  offered  by  Mr. 
Mej^er : 

Amend  by  inserting  after  the  word  '  'con- 
spirators" the  words  ''hostile  to  the  Gov- 
ernment of  the  United  States . ' ' 

Which  was  accepted  by  Mr.  Meyer. 

The  resolution  as  amended  was  adopted, 
and,  by  order  of  the  President,  referred  to 
the  Committee  on  the  Legislative  Depart- 
ment. 

Mr.  Green  presented  five  petitions  from 
the  Loyal  Leagues  of  North  Missouri,  pray- 


ing for  a  change  in  the  judiciary  system  of 
Missouri;  one  of  which  was  read  for  in- 
formation, and,  by  order  of  the  President, 
they  were  referred  to  the  Committee  on  Ju- 
diciary . 

Mr.  Dodsox  offered  two  petitions  similar 
to  those  offered  by  Mr.  Green,  Avhich  were 
referred  to  the  same  committee . 

Mr.  Mitchell  offered  a  petition  similar  to 
those  offered  by  Messrs.  Green  and  Dodson, 
which  was  referred  to  the  same  committee. 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  when  the  Convention  ad- 
journs this  day,  it  shall  stand  adjourned  till 
Monday  next,  at  10  o'clock  a.  m.  ,  in  order 
that  the  committees  may  have  an  opportu- 
nity to  prepare  business  for  the  action  of  the 
Convention. 

Mr.  Smith  of  Worth  offered  the  follow- 
ing resolution : 

Resolved,  That  the  Committee  on  Printing 
be  instructed  to  procure  copies  of  the  Ordi- 
nance of  Emancipation  for  the  use  of  this 
body. 

Mr.  Strong  moved  to  amend  the  resolu- 
tion offered  by  Mr.  Smith  of  Worth,  by 
inserting  the  word  "certified"  before  the 
word  ' '  copies . ' ' 

On  motion  of  Mr.  St.  Gem,  Mr.  Rohrer 
was  added  to  the  Committee  on  Education. 

Mr.  Mack  offered  the  following  resolution: 

Resolved,  That  the  Committee  on  Militia  be 
instructed  to  report  an  amendment  to  the 
Constitution,  requiring  a  permanent  organ- 
ization of  the  militia,  and  securing  to  those 
subject  to  militia  duty  the  constitutional  right 
to  elect  their  own  officers,  from  the  highest 
to  the  lowest.. 

Which,  on  motion,  was  adopted,  and 
ordered  by  the  President  to  be  referred  to 
the  Committee  on  Militia. 

The  following  committee,  for  the  purpose 
of  inquiring  into  the  loyalty  of  members  of 
this  Convention,  was  announced:  Messrs. 
Smith  of  Mercer,  Weatherby,  Folmsbee, 
Martin,  and  Leonard. 

Mr.  Smith  of  Worth  withdrew  his  former 
resolution,  and  offered  the  following  as  a 
substitute  therefor : 

Resolved,  That  the  Committee  on  Printing 
be  intructed  to  procure  and  print  five  thou- 
sand copies  of  the  Ordinance  of  Emancipa- 
tion, as  engrossed  on  parchment  and  signed 
by  the  members  of  the  Convention,  duly 
certified  by  the  President  and  Secretary,  for 
the  use  of  the  members  of  this  body. 


29 


Mr.  Strong  offered  the  following  amend-  | 
meiit  to  Mr.  Smith's  resolution: 

•  -  Insert  three  hundred  in  place  of  five  1 
thousand . ' ' 

On  motion  of  Mr.  Owens,  the  resolution  j 
offered  by  Mr.  Smith  of  Worth,  and  the 
amendment  thereto  offered  by  Mr.  Strong, 
were  laid  upon  the  table. 

Mr.  TTeatherby  offered  the  following  j 
resolution : 

Resolved,  That  the  Committee  on  the  Judi-  | 
ciary  be  instructed  to  inquire  into  the  expe-  ! 
dieiicy  of  abolishing  the  county  courts  ofj 
the  State,  and  committing  the  subjects  now  j 
under  the  jurisdiction  of  those  courts  to  dif-  i 
ferent  organizations. 

On  motion  of  Mr.  Bonham,  the  resolution 
was  referred  to  the  Committee  on  Judi  ciary. 
Mr.  Budd  offered  the  following  resolution : 

Resolved,  That  the  Committee  on  Printing 
be.  and  they  are  hereby,  instructed  to  make  \ 
inquiries  in  St.  Louis  whether  suitable  sheets 
of  parchment  can  be  procured  for  the  enroll- 
ing of  the  Emancipation  Ordinance  of  Free- 
dom, and  also  for  the  enrollment  of  the 
Constitution  when  it  becomes  the  supreme 
law  of  Missouri;  and.  if  it  cannot  be  pro- 
cured here,  to  take  measures  to  procure  it 
from  the  Eastern  cities. 

Upon  suggestion  from  the  President  that 
the  matter  contained  in  Mr.  Budd 's  resolu- 
tion had  been  attended  to,  Mr.  Budd  with- 
drew it. 

Mr.  Bush  offered  the  following  resolution: 


Resolved.  1.  That  the  President  shall  ap- 
point a  Kevising  and  Enrolling  Committee, 
to  consist  of  live  members,  whose  duty  it 
shall  be  to  examine  every  amendment  after 
it  is  engrossed  and  before  it  is  read  a  third 
time,  and  take  care  that  the  same  is  truly  and 
correctly  eno-rossed,  and  not  inconsistent 
with  other  adopted  amendments,  and  make 
report  thereof  to  the  Convention.  2.  VThen 
an}'  article  shall  be  reported  by  the  Revising 
Committee,,  it  shall  be  read  for  information. 
If  any  amendment  be  reported  by  the  said 
committee,  the  question  shall  be,  *•  Shall  the 
amendment  be  agreed  to?*'  If  the  amend- 
ments be  disposed  of.  or.  if  no  amendments 
be  reported,  the  article  shall  be  ordered  to  a 
final  reading;  and,  upon  the  final  reading, 
the  question  shall  be ,  ' ;  Shall  the  article  be 
enrolled  as  a  part  of  the  Constitution?' '  and, 
if  decided  in  the  affirmative,  it  shall  be 
referred  back  to  the  Revising  and  Enrolling 
Committee  without  a  question.  3.  The 
whole  Constitution  shall  be  carefully  enrolled 
under  the  supervision  of  said  committee; 
and .  when  the  same  shall  be  reported  by  the 
committee  as  truly  enrolled,  the  question 
shall  be.  "Shall  tliis  Constitution  be  finally 
adopted?' '  and,  if  a  majority  of  all  the  mem- 
bers elected  to  the  Convention  shall  vote  in 
favor  of  the  final  adoption  of  the  Constitu- 
tion, the  same  shall  be  authenticated  by  the 
signature  of  the  President  and  members  of 
the  Convention  present,  and  shall  be  attested 
by  the  Secretary  of  the  Convention. 

Which  was  laid  over  under  the  rule. 

Upon  motion,  the  Convention  adjourned, 
to  meet  on  Monday.  January  16.  1865.  at  10 

O'clock  A.M. 


SEVENTH 


MOXDAY.  January  16th,  1S6; 


The  Convention  met  pursuant  to  adjourn- 
ment, the  President  in  the  Chair. 

Prayer  was  offered  by  Eev.  Mr.  McCook. 

The  journal  of  the  proceedings  of  the  last 
session  was  read  by  the  Secretary  and  ap- 
proved . 

The  President  presented  a  proclamation 
from  the  Governor  of  Missouri  in  reference 
to  the  Emancipation  Ordinance,  which  was 
read  by  the  Secretary. 

On  motion  of  Mr.  Strong,  the  proclama- 
tion was  ordered  to  be  spread  upon  the 
record : 


proclamation . 

Executive  Department.  \ 
City  of  Jefferson,  Mo. ,  January  11,  1865.  j 
It  having  pleased  Divine  Providence  to 
inspire  to  righteous  action  the  sovereign  peo- 
ple of  Missouri,  who.  through  their  dele- 
gates in  convention  assembled',  with  proper 
legal  authority  and  solemnity,  have  this  day 
Ordained,  ''That  hereafter,  in  this  State, 
there  shall  be  neither  slavery  nor  involun- 
tary servitude,  except  in  punishment  of 
crime,  whereof  the  party  shall  have  been 
duly  convicted;  and  ail  persons  held  to  ser- 
vice or  labor  as  slaves  are  hereby  declared 
free . ' ' 

Xow.  therefore,  bv  authority  of  the  su- 


30 


preme  power  vested  in  me  by  the  Constitu- 
tion of  Missouri,  T,  Thomas  *C.  Fletcher, 
Governor  of  the  State  of  Missouri,  do  pro- 
claim, that  henceforth  and  forever  no  person 
within  the  jurisdiction  of  this  State  shall  be 
subject  to  any  abridgement  of  liberty,  except 
such  as  the  law  may  prescribe  for  the  com- 
mon good ,  or  know  any  master  but  God . 
In  testimony  whereof,  I  have  hereunto 
signed  my  name  and  caused  the 
[l.  s.]  Great  Seal  of  the  State  to  be  affixed, 
at  the  City  of  Jefferson,  this  11th 
day  of  January,  A.  D.  1865. 

THOS.  C.  FLETCHER. 
By  the  Governor: 

Francis  Rodman,  Sec'y  of  State. 

Mr.  Owens  presented  the  following  pre- 
amble and  resolutions: 

Whereas,  There  is  now  pending  before 
the  Congress  an  amendment  to  the  Constitu- 
tion of  the  United  States,  abolishing  slavery 
in  all  the  States  and  Territories;  be  it,  there- 
fore , 

Resolved,  That  in  the  opinion  of  this  Con- 
vention said  amendment  should  be  adopted, 
and  our  Representatives  in  Congress  are 
hereby  instructed  to  vote  for,  and  use  their 
influence  in  procuring  the  passage  of,  said 
amendment. 

Resolved,  That  the  President  of  this  Con- 
vention forward  to  each  of  the  members  of 
Congress  from  this  State,  and  the  Speaker 
of  the  House  of  Representatives,  a  certified 
copy  of  the  foreo-oing  resolution  as  soon  as  it 
is  adopted  by  this  Convention. 

Mr.  Gilstrap  moved  to  amend  the  resolu- 
tion by  inserting  the  word  '  'Senators' '  before 
the  word  "Representatives,''  so  that  the 
resolution  shall  read  "Senators  and  Repre- 
sentatives. ' ' 

Mr.  Owens  accepted  the  amendment. 

Mr.  Clover  moved  to  amend  by  striking 
out  the  word  '  'instructed, ' '  and  insert '  're- 
quested . ' ' 

Upon  motion  of  Mr.  Strong,  the  amend- 
ment was  rejected. 

The  question  being  upon  the  adoption  of 
the  resolution ,  Mr.  Gilstrap  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Adams,  Bedford,  Bon- 
ham,  Budd,  Bush,  Childress,  Clover,  Cowr- 
den,  Davis  of  Nodaway,  Dodson,  D'Oench, 
Drake,  Ellis,  Esther,  Filley,  Fletcher, 
Folmsbee.  Fulkerson,  Gilbert  of  Lawrence , 
Gilstrap,  Granimer,  Green,  Henderson, 
Holdsworth,  Holcomb,  Holland,  Hughes, 
Hume,  Husmann,  King,  Leonard,  Linton, 
McKernan,  McPherson,  Mack,  Meyer, 
Mitchell,  Newgent,  Nixdorf,  Owens,  Peck, 
Rankin,  Rohrer,  St.  Gem,  Smith  of  Worth, 
Strong,    Sutton,    Swearingen,  Thilenius, 


Williams  of  Caldwell,  Williams  of  Scotland, 
and  Mr.  President— 52. 

Noes— Messrs.  Davis  of  New  Madrid, 
Evans,  Gamble,  Gilbert  of  Platte,  and  Mor- 
ton— 5 . 

Absent — Messrs.  Bunce,  Foster,  Harris, 
Martin,  Smith  of  Mercer,  Switzler  and 
Weatherby — 7 . 

So  the  resolution  was  adopted. 

On  motion  of  Mr.  Folmsbee,  leave  of  ab- 
sence was  granted  to  Mr.  Weatherby. 

On  motion  of  Mr.  Drake,  leave  of  absence 
was  granted  to  Mr.  Bunce. 

On  motion  of  Mr.  Folmsbee,  Mr.  Smith 
of  Mercer  was  granted  leave  of  absence  ,  on 
account  of  sickness. 

Mr.  Drake,  Chairman  of  the  Committee 
on  Legislative  Department,  made  the  fol- 
lowing report : 

The  majority  of  the  Committee  on  the 
Legislative  Department  beg  leave  to  report, 
that  they  have  had  under  consideration  the 
third  and  thirteenth  articles  of  the  present 
Constitution,  and  beg  leave  to  report,  in 
part,  the  following  three  proposed  amended 
articles,  viz: 

1 .  Declaration  of  Rights ; 

2.  Legislative  Department*,  and 

3 .  Impeachments . 

The  first  two  of  which  they  recommend 
shall  be  printed  for  the  information  of  the 
Convention,  and  acted  on  in  the  order  in 
which  they  are  named  above. 

Should  the  article  on  Legislative  Depart- 
ment be  finally  adopted  as  reported,  it  will 
be  necessary  that  a  committee  should  be 
appointed,  fairly  representing  all  parts  of 
the  State,  to  frame  an  apportionment  of  Sen- 
ators and  Representatives  in  the  General 
Assembly,  on  just  principles,  to  stand  until 
an  enumeration  of  the  "inhabitants  of  the 
State  shall  afford  a  basis  for  a  more  exact  and 
equal  apportionment. 

CD.  DRAKE ,  Chairman. 

The  following  are  the  articles  accompany- 
ing said  report: 

article  — . 
Declaration  of  Rights. 
That  the  general,  great,  and  essential 
principles  of  liberty  and  free  government 
may  be  recognized  and  established,  and  that 
the  relations  of  this  State  to  the  Union  and 
Government  of  the  United  States,  and  those 
of  the  people  of  this  State  to  the  rest  of  the 
American  people,  may  be  defined  and 
affirmed ,  we  do  declare— 

1.  That  we  hold  it  to  be  self-evident,  that 
all  men  are  created  equally  free,  and  are  en- 
dowed by  their  Creator  with  certain  inalien- 
able rights,  among  which  are  life,  liberty, 
the  enjoyment  of  the  fruits  of  their  own 
labor,  and  the  pursuit  of  happiness: 

2.  That  there  can  not  be  in  this  State, 
either   slavery  or   involuntary  servitude. 


31 


i  except  in  punishment  of  crime .  whereof  the  ; 
j   party  shall  have  been  duly  convicted: 

3.  'That  no  person  can.  on  account  of] 
color,  he  disqualified  as  a  witness,  or  he  dis- 
abled to  contract,  or  be  prevented  from 
acquiring,  holding,  and  transmitting  prop-  j 
errv.  or  be  liable"  to  any  other  punishment 
for  any  offense  than  that  imposed  upon  others 
for  a  like  offense,  or  be  restricted  in  the  ex-  j 
excise  of  religious  worship,  or  be  hindered  in 
acquiring  education,  or  be  subjected,  in  law. 
to  any  other  restraints  or  disqualifications, 
in  regard  to  any  personal  rights .  than  such 
as  are  laid  upon  others  under  like  circum-  : 
Stances : 

4.  That  all  political  power  is  vested  in.  I 
and  derived  from,  the  people:  that  all  gov- 
ernment of  right  originates  from  the  people, 
is  founded  upon  their  mil  only,  and  is  insti-  j 
tuted  soleiv  tor  the  good  of  the  whole: 

5.  That 'the  people  of  this  State  have  the 
inherent,  sole,  and  exclusive  right  of  regu- 
lating the  internal  groverninent  and  police 
thereof,  and  of  altering  and  abolishing  their 
Constitution  and  form  of  government  ,  when- 
ever it  may  be  necessary  to  their  safety  and  ! 
happiness:  but  every  such  right  should  be 
exercised  in  pursuance  of  law.  and  consist- 
ently with  the  Constitution  of  the  United  j 
States : 

6 .  That  this  State  shall  ever  remain  a  mem-  | 
ber  of  the  American  Union:  that  the  rjeople  , 
thereof  are  a  part  of  the  American  nation: 
and  that  all  attempts,  from  whatever  source 
or  upon  whatever  pretext,  to  dissolve  said 
Lnion.  or  to  sever  said  nation,  ought  to  be 
resisted  with  the  whole  power  of  the  State: 

7.  That  every  citizen  of  this  State  owes 
paramount  allegiance  to  the  Constitution  and 
Government  of"the  United  States,  and  is  not 
bound  by  any  law  or  ordinance  of  this  State  j 
in  contravention  or  subversion  thereof: 

8.  That  the  people  have  the  right  peace-  j 
ably  to  assembly  for  their  common  good, 
and  to  apply  to  those  vested  with  the  powers 
of  government  for  redress  of  grievances,  by  I 
petition  or  remonstrance:  and  that  their  ! 
right  to  bear  arms  in  defense  of  themselves 
and  of  the  lawful  authority  of  the  State 
can  not  be  questioned: 

9.  That  all  men  have  a  natural  and  inde- 
feasible right  to  worship  Almighty  God 
according  to  the  dictates  of  their  "own  con-  i 
sciences:  that  no  person  can.  on  account  of 
his  religious  opinions .  be  rendered  ineligible 
to  any  office  of  trust  or  profit  in  this 
State;  and  that  no  person  ought,  by  any 
law,  to  be  molested  in  his  person  or  estate, 
on  account  of  his  religious  persuasion  or 
profession,  or  for  his  religious  practice,  un- 
less, under  the  color  of  religion,  he  disturb 
the  good  order,  peace,  or  safety  of  the  State, 
or  infringe  the  laws  of  morality,  or  injure 
others  in  their  natural,  civil,  'or  religious 
rights: 

10.  That  no  person  can  be  compelled  to 
erect,  support,  or  attend  any  place  of  wor- 
ship .  or  to  maintain  any  minister  of  the  gos- 
pel  or  teacher  of  religion;  but  whatever! 
contracts  any  person  may  enter  into  for  any  I 


such  object,  ought,  in  law.  to  be  binding 
and  capable  of  eiiforcement,  as  other  con- 
tracts : 

11.  That  no  preference  can  ever  be  given, 
by  law.  to  any  sect  or  mode  of  worship: 

'12.  That  no  religious  corporation  can  be 
established  hi  this  State,  except  that,  by  a 
general  law.  uniform  throughout  the  State, 
any  religious  society  or  congregation  may 
become  a  body  corporate,  for  the  sole  pur- 
pose of  acquiring,  holding,  using,  and  dis- 
posing of  so  much  land  as  may  be  suitable 
for  a  house  of  public  worship. 'a  chapel,  a 
parsonage,  and  a  burial  ground,  and  man- 
aging tlie  same,  and  contracting  in  relation 
to  such  land,  and  the  buildings  thereon, 
through  a  board  of  trustees  selected  by 
themselves:  but  the  quantity  of  land  to  be 
held  by  any  such  body  corporate  ,  in  connec- 
tion with  a  house  of  worship  or  a  parsonage, 
shall  not  exceed  five  acres  in  the  country .  or 
one  acre  in  a  town  or  city : 

13.  That  every  gift.  'sale,  or  devise  of 
land  to  any  minister,  public  teacher,  or 
preacher  of  the  gospel,  as  such,  or  to  any 
religious  sect,  order,  or  denomination,  or 
to.  or  for.  the  support,  use.  or  benefit  of. 
or  in  trust  for.  any  minister,  public  teacher, 
or  preacher  of  the  gospel,  as  such,  or  any 
religious  sect,  order,  or  denomination:  and 
every  gift  or  sale  of  goods  or  chattels  to  go 
in  succession,  or  to  take  place  after  the  death 
of  the  seller  or  donor,  to  or  for  such  sup- 
port, use.  or  benefit:  and  also,  every  devise 
of  goods  or  chattels,  to  or  for  the  support, 
use.  or  benefit  of  any  minister,  public 
teacher,  or  preacher  of  the  gospel,  as  such, 
or  any  religious  sect,  order",  or  denomina- 
tion, without  the  prior  or  subsequent  sanc- 
tion of  the  General  Assembly,  shall  be  void: 
except  always,  any  gift.  sale,  or  devise  of 
land  to  a  church,  religious  society,  or  con- 
gregation, for  the  uses  and  purposes,  and 
within  the  limitations  of  the  next  preceding 
clause  of  this  article : 

14.  That  all  elections  shall  be  free  and 
open : 

15.  That  courts  of  justice  ought  to  be  open 
to  every  person,  and  certain  remedy  afforded 
for  every  injury  to  person,  property,  or 
character:  and  that  right  and  justice  ought 
to  be  administered  without  sale,  denial  ."or 
delay : 

I'd  .  That  no  private  property  ought  to  be 
taken  or  applied  to  public  use.' without  just 
compensation: 

17.  That  the  right  of  trial  by  jury  shall 
remain  inviolate:  but  in  all  civil 'cases'  a  jury 
shall  consist  of  not  more  than  six  persons: 

18.  That  in  all  criminal  prosecutions  the 
accused  has  the  right  to  be  heard  by  himself 
and  his  counsel:  "to  demand  the  nature  and 
cause  of  accusation:  to  have  compulsory 
process  for  witnesses  in  his  favor;  to  meet 
the  witnesses  against  him:  and.  in  prosecu- 
tions on  presentment  or  indictment,  to  a 
speedy  trial  by  an  impartial  jury  of  the 
vicinage:  that  the  accused  cannot' be  com- 
pelled to  give  evidence  against  himself,  nor 
be  deprived  of  life,  liberty,  or  property,  but 


32 


by  the  judgment  of  his  peers,  or  the  law  of 
the  land : 

1(J.  That  no  person,  after  having  been 
once  acquitted  by  a  jury,  can,  for  the  same 
offense,  be  again  put  iii  jeopardy  of  life  or 
Liberty;  but  if ,  in  any  criminal  prosecution, 
the  jury  be  divided  in  opinion,  the  court, 
before  which  the  trial  shall  be  had,  may,  in 
its  discretion,  discharge  the  jury,  and  com- 
mit or  bail  the  accused  for  trial  at  the  next 
term  of  such  court . 

20.  That  all  persons  shall  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses, 
when  the  proof  is  evident  or  the  presump- 
tion great: 

21.  That  excessive  bail  shall  not  be  re- 
quired, nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishment  inflicted. 

22.  That  the  privilege  of  the  writ  of  habeas 
corpus  cannot  be  suspended,  unless  when,  in 
cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it  : 

23. "  That  the  people  ought  to  be  secure  in 
their  persons,  papers,  houses,  and  effects, 
from  unreasonable  searches  and  seizures; 
and  no  warrant  to  search  any  place,  or  seize 
any  person  or  tiling,  can  issue,  without  de- 
scribing the  place  lobe  searched,  or  the  per- 
son or  thing  to  be  seized,  as  nearly  as  may 
be.  nor  without  probable  cause,  supported 
by  oath  or  affirmation : 

24.  That  no  person  can,  for  an  indictable 
offense,  be  proceeded  against  criminally  by 
information,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when 
in  actual  service  in  time  of  war  or  public 
danger,  or,  by  leave  of  court,  for  oppression 
or  misdemeanor  in  office : 

25.  That  treason  against  the  State  can  con- 
sist only  in  levying  war  against  it,  or  in 
adhering  to  its  enemies,  giving  them  aid  and 
comfort;  and  that  no  person  can  be  convicted 
of  treason,  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  on  his 
own  confession  in  open  court  : 

20.  That  no  person  can  be  attainted  of 
treason  or  felony  by  the  General  Assembly ; 
that  no  conviction  can  work  corruption  of 
blood  or  forfeiture  of  estate;  and  that  the 
estates  of  such  persons  as  may  destroy  their 
own  lives  shall  descend  or  vest,  as  in  cases 
of  natural  death : 

27.  That  the  free  communication  of 
thoughts  and  opinions  is  one  of  the  invalu- 
able rights  of  man,  and  that  every  person 
may  freely  speak,  write,  and  print,  on  any 
subject,  being  responsible  for  the  abuse  of 
that  liberty ;  that  in  all  prosecutions  for  libels 
the  truth  thereof  may  be  given  in  evidence, 
and  the  jury  may  determine  the  law  and  the 
facts,  under  the  direction  of  the  court: 

28.  That  no  ex  post  facto  law.  nor  law  im- 
pairing the  obligation  of  candidates,  or  re- 
trospective in  its  operation,  can  be  passed: 

29.  That  imprisonment  for  debt  cannot 
exist  in  this  State,  except  for  fines  or  pen- 
alties imposed  for  violation  of  law : 

30.  That  no  person  who  is  religiously 
scrupulous  of  bearing  arms  can  be  compelled 
to  do  so;  but  may  be  compelled  to  pay  an 


equivalent  for  military  service,  in  such  man- 
ner as  maybe  prescribed  by  law;  and  that 
no  priest,  preacher  of  the  gospel,  or  teacher 
of  any  religious  persuasion  or  sect,  regularly 
ordained  as  such,  .shall  be  subject  to  military 
duty,  or  compelled  to  bear  arms: 

31.  That  all  propertjT  subject  to  taxation 
shall  be  taxed  in  proportion  to  its  value : 

32.  That  no  title  of  nobility,  hereditary 
emolument,  privilege,  or  distinction  shall  be 
granted,  nor  any  office  created,  the  duration 
of  which  shall  be  longer  than  the  good  be- 
havior of  the  officer  appointed  to  fill  the 
same : 

33.  That  the  military  is,  and  in  all  cases 
and  at  all  times  shall  be,  in  strict  subordina- 
tion to  the  civil  power;  that  no  soldier  can, 
in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner;' nor  in 
time  of  war,  but  in  such  manner  as  may  be 
prescribed  by  law;  nor  can  any  appropria- 
tion for  the  support  of  an  army  be  made  for 
a  longer  period  than  two  years. 

article  — . 
Legislative  Department . 
Section  1.  The  legislative  power  shall  be 
vested  in  a  General  "Assembly,  which  shall 
consist  of  a  Senate  and  House  of  Representa- 
tives . 

Sec.  2.  The  House  of  Representatives  shall 
consist  of  one  hundred  members,  to  be  chosen 
by  the  qualified  voters,  for  two  years;  for  the 
election  of  whom  the  State  shall  be  divided 
into  convenient  districts. 

Sec.  3.  No  person  shall  be  a  member  of 
the  House  of  Representatives  who  shall  not 
have  attained  the  age  of  twenty-four  years ; 
who  shall  not  be  a  white  male  citizen  of  the 
United  States;  who  shall  not  have  been  an 
inhabitant  of  this  State  two  years,  and  of  the 
district  which  he  may  be  chosen  to  represent 
one  year,  next  before  the  day  of  his  election, 
if  such  district  shall  have  been  so  long  estab- 
lished, but  if  not,  then  of  the  county  or 
counties  from  which  the  same  shall  have  been 
taken;  and  who  shall  not,  in  the  year  of  his 
election,  or  the  year  next  preceding,  have 
paid  a  State  or  county  tax. 

Sec.  4.  The  Senate  shall  consist  of  thirty- 
two  members,  to  be  chosen  by  the  qualified 
voters,  for  four  years;  for  the  election  of 
whom  the  State  shall  be  divided  into  conve- 
nient districts. 

Sec.  5.  No  person  shall  be  a  Senator  who 
shall  not  have  attained  the  age  of  thirty 
years;  who  shall  not  be  a  white  male  citizen 
of  the  United  States;  who  shall  not  have 
been  an  inhabitant  of  this  State  four  years, 
and  of  the  district  he  may  be  chosen  to  rep- 
resent one  year,  next  before  the  day  of  his 
election,  if' such  district  shall  have  been  so 
long  established,  but  if  not,  then  of  the 
district  or  districts  from  which  the  same 
shall  have  been  taken;  and  who  shall  not,  in 
the  vear  of  his  election,  or  the  year  next 
preceding,  have  paid  a  State  and  county  tax. 

Sec.  6.  Senators  and  Representatives  shall 
be  apportioned  among  their  respective  dis- 
tricts, as  nearly  as  may  be,  according  to  the 


88 


number  of  inhabitants  in  each.  Titer  shall 
be  chosen  according  to  the  apportionment 
established  in  this  Constitution,  until  the 
next  decennial  census  taken  by  the  United 
States  shall  have  been  made,  and  the  result 
thereof  as  to  this  State  ascertained,  when 
the  apportionment  shall  be  revised  and  ad- 
justed, on  the  basis  of  that  census.  In  the 
year  one  thousand  eight  hundred  and  sev- 
enty-live, and  every  tenth  year  thereafter, 
there  shall  be  taken,  under  the  authority  of 
this  State,  a  census  of  the  inhabitants  thereof; 
and  after  every  such  census  the  apportion- 
ment of  Senators  and  Representatives  may 
be  based  thereon,  until  the  next  succeeding 
national  census :  after  which  it  may  b^based 
upon  the  national  census  until  the  next  suc- 
ceeding decennial  State  census:  and  so  on. 
from  rime  to  time,  the  enumerations  made 
by  the  Tinted  States  and  this  State  shall  be 
used  as  they  respectively  occur,  as  the  basis 
of  apportionment. 

Sec  .  7.  Senatorial  and  representative  dis- 
tricts may  be  altered,  from,  time  to  time,  as 
public  convenience  may  require .  When  any 
such  district  shall  be' composed  of  two  or 
more  counties,  they  shall  be  contiguous. 

Sec.  >.  The  first  election  of  Senators  and 
Representatives,  under  this  Constitution, 
shall  be  held  at  the  general  election  in  the 
year  one  thousand  eight  hundred  and  sixty- 
six,  when  the  whole  number  of  Senators 
and  Representatives  shall  be  chosen . 

Sec.  9.  At  the  regular  session  of  the  Gen- 
eral Assembly  chosen  at  said  election,  the 
Senators  shall  be  divided  by  lot  into  two 
equal  classes.  The  seats  of  the  first  class 
shall  be  vacated  at  the  end  of  the  second  year 
alter  the  day  of  said  election,  and  those  of 
the  second  class  at  the  end  of  the  fourth  year 
after  that  day;  so  that  one-half  of  the  Sena- 
tors shall  be' chosen  every  second  year.  In 
making-  such  division  it  shall  be'  so  con- 
ductedTin  regard  to  any  Senatorial  District 
electing  more  than  one* Senator,  as  that  the 
Senators  from  that  district  shall  first  be 
divided,  as  nearly  equal  as  may  be,  into  the 
two  classes,  so  as  to  avoid  the  election  of  all 
the  Senators  from  such  district  for  the  same 
term. 

Sec.  10.  Xo  member  of  Congress,  or  per- 
son holding  any  lucrative  office  under  the 
United  States,  or  this  State  (militia  officers, 
justices  of  the  peace,  and  notaries  public  ex- 
cepted., shall  be  eligible  to  either  house  of 
the  General  Assembly,  or  shall  remain  a 
member  thereof  after'  having  accepted  any 
such  orhce.  or  a  seat  in  either  house  of  Con- 
gress. 

Sec  11.  Xo  person  who  now  is.  or  may 
hereafter  be,  a  collector  or  holder  of  public- 
money,  or  assistant  or  deputy  of  such  col- 
lector or  holder  of  public  money,  shall  be 
eligible  to  either  house  of  the  General  Asseni- 
blv,  until  he  shall  have  accotmted  for  and 
paid  all  sums  for  which  he  may  be  account- 
able. 

Sec.  12.  Xo  person,  while  he  continues  to 
exercise  the  functions  of  a  bishop,  priest, 
clergyman,  or  teacher  of  any  religious  per-  | 


suasion,  denomination,  society,  or  sect, 
shall  be  eligible  to  either  house'of  the  Gen- 
eral Assembly . 

Sec  13.  The  Governor  shall  issue  writs  of 
election  to  fill  such  vacancies  as  may  occur 
in  either  house  of  the  General  Assembly. 

Sec  14.  Xo  Senator  or  Representative 
shall,  during  the  term  for  which  he  shall 
have  been  elected,  be  appointed  to  any  civil 
office  under  this  State,  which  shall'  have 
been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  his  con- 
tinuance in  office  as  a  Senator  or  Representa- 
tive, except  to  such  offices  as  shall  be  filled 
by  elections  of  the  people.  " 

Sec  15.  Senators  and  Representatives 
shall,  in  all  cases,  except  treason,  felony, 
or  breach  of  the  peace,  be  privileged  from 
arrest  during  the  session  of  the"  General 
Assembly,  and  for  fifteen  days  next  before 
the  commencement  and  after  the  termination 
of  each  session:  and  for  any  speech  or  de- 
bate, in  either  house,  they  shall  not  be  ques- 
tioned in  any  other  place 

Sec  16.  'The  members  of  the  General 
Assembly  shall,  severally,  receive  from  the 
public  treasury  a  compensation  for  their 
services,  which  may.  from  time  to  time,  be 
increased  or  diminished  by  law. 

Sec.  17.  A  majority  of  the  whole  number 
of  members  of  each  house  shall  constitute  a 
quorum  to  do  business :  but  a  smaller  num- 
ber may  adjourn  from  day  to  day.  and  may 
compel  the'  attendance  of  absent  members", 
in  such  manner,  and  under  such  penalties, 
as  each  house  may  provide. 

Sec  IS.  Each  house  shall  appoint  its  own 
officers:  shall  judge  of  the  qualifications, 
elections  and  returns  of  its  own  members: 
may  determine  the  rules  of  its  proceedings: 
may  arrest  and  punish  by  fine  not  exceeding 
three  hundred  dollars,  or  by  imprisonment 
in  a  county  jail  not  exceeding  ten  days,  or 
both,  any 'person  not  a  member,  who'  shall 
be  guilty  of  disrespect  to  the  house,  by  any 
disorderly  or  contemptuous  behavior  'in  its 
presence ' during  its  session:  may  punish  its 
members  for  disorderly  behavior,  and,  with 
the  concurrence  of  two-thirds  of  ail  the 
members  elected,  may  expel  a  member:  but 
no  member  shall  be  expelled  a  second  time 
for  the  same  cause . 

Sec  19.  Each  house  shall,  from  time  to 
time,  publish  a  journal  of  its  proceedings, 
except  such  parts  thereof  as  may.  in  its 
opinion,  require  secrecy:  and  the* yeas  and 
nays  on  any  question  shall  be  taken',  and  en- 
tered on  the  journal,  at  the  desire  of  any 
two  members '.  "Whenever  the  yeas  and  nays 
are  demanded,  the  whole  list  of  members 
shall  be  called,  and  the  names  of  absentees 
shall  be  noted,  and  published  with  the  jour- 
nal. 

Sec.  20.  The  sessions  of  each  house  shall 
be  held  with  open  doors,  except  in  cases 
which  may  require  secrecy. 

Sec  21.*  X either  house'  shall,  without  the 
consent  of  the  other,  adjourn  for  more  than 
two  davs  at  anv  one  time,  nor  to  anv  other 


C 


34 


place  than  that  in  which  the  two  houses  may 
be  sitting. 

Sec.  22.  Bills  may  originate  in  either 
house,  and  may  be  altered,  amended,  or 
rejected,  by  the  other;  and  every  bill  shall 
be  read  on  three  different  days  in  each  house, 
unless  two-thirds  of  the  house  where  the 
same  is  pending  shall  dispense  with  this  rule ; 
and  every  bill,  having  passed  both  houses, 
shall  be  signed  by  the  Speaker  of  the  House 
of  Representatives,  and  by  the  President  of 
the  Senate. 

Sec  .  23.  The  style  of  the  laws  of  this  State 
shall  be :  ki  Be  it  enacted  by  the  General  Assem- 
bly of  the  State  of  Missouri ,  as  follows. ' ' 

Sec.  24.  The  General  Assembly  shall  not 
pass  special  laws  divorcing  any  named  par- 
ties ;  or  declaring  any  named  person  of  age ; 
or  authorizing  any  named  minor  to  sell, 
lease,  or  encumber  his  or  her  property;  or 
providing  for  the  sale  of  the  real  estate  of  any 
named  minor,  or  other  person  laboring  un- 
der legal  disability,  by  any  executor,  ad- 
ministrator, guardian,  trustee,  or  other 
person;  or  changing  the  name  of  any  per- 
son; or  establishing,  locating,  altering  the 
course,  or  affecting  the  construction  of  roads; 
or  the  building  or  repairing  of  bridges;  or 
establishing,  altering,  or  vacating  any  street, 
avenue,  or  alley  in  any  city  or  town;  or  ex- 
tending the  time  for  the  collection  of  taxes, 
or  otherwise  relieving  any  collector  of  taxes 
from  the  due  performance  of  his  official  du- 
ties; or  giving  effect  to  informal  or  invalid 
deeds  or  wills;  or  legalizing,  except  as 
against  the  State,  the  unauthorized  or  in- 
valid acts  of  any  officer;  or  granting  to  any 
individual  or  company  the  right  to  lay  down 
railroad  tracks  in  the  streets  of  any  city  or 
town.  The  General  Assembly  shall  pass  no 
special  law  for  any  case  for  which  provision 
may  at  the  time  exist  under  any  general  law ; 
and  shall  pass  general  laws  providing,  so  far 
as  it  may  deem  necessary,  for  the  cases 
enumerated  in  this  section,  and  for  all  other 
cases  where  a  general  law  can  be  made  ap- 
plicable . 

Sec.  25.  The  General  Assembly  shall  not 
pass  any  law  incorporating,  or  authorizing 
the  incorporation  of  any  bank,  with  author- 
ity to  issue  notes,  bills,  or  other  paper  as  a 
circulating  medium,  or  renewing  or  extend- 
ing the  charter  of  any  such  bank  heretofore 
established,  beyond  the  period  now  fixed  by 
law  for  its  termination,  or  relieving  any  such 
bank  from  any  penalty  or  forfeiture  it  may 
have  incurred,  or  may  hereafter  incur. 

Sec.  26.  No  law  shall  be  passed  reviving 
or  re-enacting  any  act  heretofore  passed 
creating  any  private  corporation,  where  such 
corporation  shall  not  have  organized,  and 
commenced  the  transaction  of  its  business, 
within  one  year  from  the  date  of  such  act; 
nor  shall  any  law  be  passed  reviving  any 
such  act  which  has  heretofore  been  forfeited , 
abandoned,  or  surrendered. 

Sec.  27.  Corporations  may  be  formed  un- 
der general  laws ;  but  shall  not  be  created  by 
special  act,  except  for  municipal  purposes'. 
All  general  or  special  acts  passed  pursuant 


to  this  section  may  be  altered,  from  time  to 
time,  or  repealed/ 

Sec.  28.  No  municipal  corporations,  ex- 
cept cities,  shall  be  created  by  special  act; 
and  no  city  shall  be  incorporated  with  less 
than  five  thousand  permanent  inhabitants, 
nor  unless  the  people  thereof,  by  a  direct 
vote  upon  the  question,  shall  have  decided 
in  favor  of  such  incorporation. 

Sec.  29.  Dues  from  private  corporations 
shall  be  secured  by  such  individual  liabilities, 
and  other  means  as  may  be  prescribed  by 
law;  but  in  all  cases,  each  stockholder  shall 
be  liable,  over  and  above  the  stock  by  him 
or  her  owned,  and  any  amount  unpaid 
thereon,  to  a  further  sum,  at  least  equal  in 
amount  to  such  stock. 

Sec.  30.  No  private  corporation  for  the 
transaction  of  any  kind  of  business  shall  be 
authorized  for  a  longer  i)eriocl  than  twenty 
years. 

Sec.  31.  The  General  Assembly  shall 
never  authorize  any  lottery,  nor  shall  the 
sale  of  lottery  tickets  be  allowed,  nor  shall 
any  lottery  heretofore  authorized  be  per- 
mitted to  be  drawn ,  or  tickets  therein  to  be 
sold,  after  the  first  day  of  July,  one  thou- 
sand eight  hundred  and  sixty-rive. 

Sec.  32.  No  law  enacted  by  the  General 
Assembly  shall  relate  to  more  than  one  sub- 
ject, and  that  shall  be  expressed  in  the  title. 

Sec.  33.  The  General  Assembly  shall 
direct,  by  law,  in  what  manner,  and  in  what 
courts,  suits  mav  be  brought  against  the 
State. 

Sec.  34.  When  any  officer,  civil  or  mili- 
tary, shall  be  appointed  by  the  joint  or 
concurrent  vote  of  both  houses,  or  by.  the 
separate  vote  of  either  house,  the  votes  shall 
be  publicly  given  viva  voce,  and  entered  on 
the  journals. 

Sec.  35.  The  General  Assembly  elected 
in  the  year  one  thousand  eight  hundred  and 
sixty-six,  shall  meet  on  the  first  Wednesday 
of  January ,  one  thousand  eight  hundred  and 
sixty-seven;  and  thereafter  the  General  As- 
sembly shall  meet  in  regular  session  once  in 
every  two  years ;  and  such  meeting  shall  be 
on  the  first  Wednesday  of  January,  unless  a 
majority  of  all  the  members  elected  to  both 
houses  concur  in  fixing  a  different  day  by 
law. 

Sec.  36.  At  the  regular  session  of  the 
General  Assembly,  in  the  year  one  thousand 
eight  hundred  and  sixty-seven,  all  the  statute 
laws  of  this  State,  of  a  general  nature,  shall 
be  revised,  digested,  and  promulgated,  in 
such  manner  as  the  General  Assembly  may 
direct.  The  Supreme  Court,  as  organized 
under  this  Constitution,  shall  appoint  a  suit- 
able person  or  persons  to  prepare  a  complete 
revision  of  such  general  statutes,  with  such 
amendments  as  may  appear  beneficial,  and 
report  the  same,  printed,  in  bill  form,  by 
the  public  printer,  to  the  next  General  As- 
sembly. The  person  or  persons  so  appointed 
may,  with  the  approbation  of  the  Supreme 
Court,  employ  such  clerks  as  may  be  neces- 
sary in  preparing  said  revision.  "  The  Sec- 
retary of  State  shall,  at  the  expense  of  the 


35 


State,  provide  all  necessary  stationery  for 
the  use  of  the  revisers.  The  compensation 
of  the  person  or  persons  so  appointed,  and 
that  of  the  clerks  employed,  shall  be  such  as 
the  Supreme  Court  may.  from  time  to  time, 
authorize  and  allow:  and  the  same,  together 
with  such  reasonable  incidental  expenses  as 
may  be  incurred,  shall  be  paid  out  of  the 
State  Treasury  upon  the  order  of  said  Court . 
After  the  said  revision  of  the  statutes,  no 
similar  revision  shall  he  made  by  the  General 
Assembly  prior  to  the  year  one  thousand 
eight  hundred  and  eighty-live. 

ARTICLE  — . 

Impeachments. 

Section  1.  The  Governor.  Lieutenant 
Governor,  Secretary  of  State.  Auditor. 
Treasurer.  Attorney  General,  and  all  judges 
of  the  courts,  shall  be  liable  to  impeach- 
ment for  any  misdemeanor  in  office:  but 
judgment,  in'  -u-h  case,  shall  not  extend 
'further  than  removal  from  office,  and  dis- 
qualification to  hold  any  office  of  honor, 
trust,  or  profit,  under  this  State. 

Sec.  2.  The .House  of  Representatives  shall 
have  the  sole  power  ot  impeachment.    All  j 
impeachments  shall  be  tried  by  the  Senate; 
and  when  sitting  for  that  purpose,  the  Sen- 
ate shall  be  on  oath  or  affirmation  to  do  jus- 
tice according  to  law  and  evidence.  When 
the  Governor  shall  be  tried,  the  presiding! 
Judge  of  the  Supreme  Court  shall  preside,  j 
Xo  "person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  Senators 
present. 

On  motion,  one  hundred  copies  of  each 
were  ordered  to  be  printed  for  the  use  of  the 
Convention . 

Mr.  Gil  strap  presented  a  petition  from  the 
Loyal  Leagues  of  Xorth  Missouri,  which  was 
referred  to  the  Committee  on  the  Judicial 
Department . 

Mr.  Boxham.  Chairman  of  the  Committee 
on  the  Elective  Franchise,  presented  the  fol- 
lowing report: 

A  majority  of  the  Committee  on  Elective 
Franchise  have  had  the  matter  under  consid- 
eration, examined  the  several  propositions 
presented  to  the  Convention,  and  have  in- 
structed me  to  report  an  article  to  be  added 
to  the  Constitution  as  a  new  article,  and 
recommend  its  adoption  by  this  Convention. 
They  also  recommend  that  the  article  be  read 
the  first  time  by  its  title,  laid  upon  the  table, 
and  one  hundred  copies  of  the  same  be 
printed  for  the  use  ot  the  Convention. 

D.  BOXHAM,  Chairman. 

The  following  is  the  article  accompanying 
said  report: 

article  — . 

Elections,  and  Qualifications  of  Voters,  Officers, 
and  others. 

Section  1.  All  elections  by  the  people 
shall  be  by  ballot .  Xo  election  shall  continue 
longer  than  one  dav. 


Sec.  2.  General  deetions  shall  be  held 
biennially,  on  the  Tuesday  next  after  the 
first  Monday  in  November.  The  first  gen- 
eral election'  under  this  Constitution  shall  be 
held  on  that  day  in  the  year  one  thousand 
eight  hundred  and  sixty-six.  Should  Con- 
gress direct  the  appointment  of  electors  of 
President  and  Vice  President  of  the  United 
State-  on  any  other  day  than  that  now  estab- 
lished, the  General  Assembly  may  change 
the  time  of  holding  general  elections  so  as 
to  provide  for  holding  them  on  the  day  which 
may  be  designated  by  Congress  for  that  pur- 
pose, and  on  the  corresponding  day 'two 
years  thereafter.  Xo  special  election  (State, 
county,  or  municipal)  shall  be  appointed  to 
be  held  on  a  Monday. 

Sec.  3.  At  any  election  held  by  the  peo- 
ple under  this  Constitution,  or  in  pursuance 
of  any  law  of  this  State,  or  under  any  ordi- 
nance or  by-law  of  any  municipal  corpora- 
tion, no  person  shall  be  deemed  a  qualified 
voter  who  has  ever  been  in  armed  hostility  to 
the  United  States,  or  to  the  lawful  authori- 
ties thereof,  or  to  the  government  of  this 
State;  or  has  ever  given  aid.  comfort,  coun- 
tenance, or  support,  to  persons  engaged  in 
any  such  hostility:  or  has  ever,  in  any  man- 
ner, adhered  to  the  enemies,  foreign  or 
domestic,  of  the  United  States,  either  by 
contributing  to  them,  or  by  unlawfully  send- 
ing within  their  lines,  money,  goods,  letters, 
or  information:  or  has  ever  disloyally  held 
communication  with  such  enemies;  br  has 
ever  advised  or  aided  any  person  to  enter  the 
service  of  such  enemies:  or  has  ever,  by 
open  act  or  word,  declared  his  adherence  to 
the  cause  of  such  enemies,  or  his  desire  for 
their  triumph  over  the  arms  of  the  United 
States,  or  has  ever,  except  under  overpow- 
ering compulsion,  submitted  to  the  authority 
or  been  in  the  service  of  the  so-called  ;  'Con- 
federate States  of  America;  - '  or  has  ever  left 
this  State  and  gone  within  the  lines  of  the 
armies  of  the  so-called  ; 'Confederate  States 
of  America. ' '  with  the  purpose  of  adhering 
to  said  States  or  armies ;  or  has  ever  been  a 
member  of.  or  connected  with,  any  order, 
society,  or  organization,  having  for  its  object 
to  aid  or  encourage  rebellion  against  'the 
United  States,  or  to  promote  the  dissolution 
of  the  Union  thereof,  or  to  oppose  by  any 
unlawful  means  the  laws  or  authority  thereof, 
or  the  laws,  ordinances,  or  authority  of  this 
State:  or  has  ever  been  engaged  in  guerrilla 
warfare  against  loyal  inhabitants  of  the  United 
States,  or  in  that  description  of  marauding 
commonly  known  as  1 4 bushwhacking; ' '  or 
has  ever  knowingly  harbored,  aicted,  or 
countenanced,  any  person  so  engaged:  or 
has  ever  left  this'  State  for  the  purpose  of 
avoiding  enrollment  for  or  draft  into  the  mil- 
itary service  of  the  United  States;  or  has 
ever,  in  order  to  escape  the  performance  of 
duty  in  the  militia  of  this  State,  enrolled 
himself,  or  caused  himself  to  be  enrolled,  as 
a  disloya  ISouthern  sympathizer;  or  having 
ever  voted  at  any  election  by  the  people  in 
this  State,  or  in  any  other  of  the  United 
States,   or   held  office  in  this   State,  or 


O 


6 


in  any  other  of  the  United  States,  shall 
thereafter  have  sought  or  received,  under 
claim  of  alienage,  the  protection  of  any 
foreign  government,  through  any  consul 
or  other  officer  thereof,  in  order  to  secure 
exemption  from  military  duty  in  the  mili- 
tia of  this  State,  or  in"  the  "army  of  the 
United  States :  nor  shall  any  such  person  be 
capable  of  holding,  in  this  State,  any  office 
of  honor,  trust,  or  profit,  under  its  author- 
ity; or  of  being  an  officer,  councilman, 
director,  trustee,  or  other  manager,  of  any 
corporation,  public  or  private,  now  existing, 
or  hereafter  established,  by  its  authority;  or 
of  acting  as  a  professor  or  teacher  in  any 
educational  institution  incorporated  by,  or 
under  any  law  of,  this  State;  or  of  teaching 
in  any  common  or  other  school  which  is  sus- 
tained, in  whole  or  in  part,  by  funds  provided 
by  law.  But  the  foregoing  provisions,  in 
relation  to  acts  done  against  the  United 
States,  shall  not  apply  to  any  person  not  a 
citizen  thereof,  who  shall  have  committed 
such  acts  while  in  the  service  of  some  for- 
eign country  at  war  with  the  United  States, 
and  who  has,  since  such  acts,  been  natural- 
ized, or  may  hereafter  be  naturalized,  under 
the  laws  of 'the  United  States;  and  the  oath 
of  loyalty  hereinafter  prescribed,  when  taken 
by  any  such  person,  shall  be  considered  as 
taken  in  such  sense. 

Sec.  4.  The  General  Assembly  shall  im- 
mediately provide,  by  law,  for  a  complete 
and  uniform  "registration,  by  election  dis- 
tricts, of  the  names  of  qualified  voters  in 
this  State,  which  registration  shall  be  evi- 
dence of  the  qualification  of  all  registered 
voters  to  vote  at  any  election  thereafter  held; 
but  no  person  shall" be  excluded  from  voting 
at  any  election  on  account  of  not  being  regis- 
ter;';!', until  the  General  Assembly  shall  have 
passed  an  act  of  registration,  and  the  same 
shall  have  been  carried  into  effect;  after 
which  no  person  shall  vote  unless  his  name 
shall  have  been  registered  at  least  ten  days 
before  the  day  of  the  election ;  and  the  fact 
of  such  registration  shall  be  not  otherwise 
shown  than  by  the  register,  or  an  authentic 
copy  thereof,  certified  to  the  judges  of  elec- 
tion by  the  registering  officer",  or  officers,  or 
other  constituted  authority.  A  new  regis- 
tration shall  be  made  within  sixty  days  next 
preceding  the  tenth  day  prior  to  every  bien- 
nial general  election;  and.  after  it  shall  have 
been  made,  no  person  shall  establish  his 
rigid  to  vote  by  the  fact  of  his  name  appear- 
ing on  any  previous  register. 

Sec.  5.  Until  such  a  system  of  registra- 
tion shall  have  been  established,  every  person 
shall,  at  the  time  of  offering  to  vote,  and 
before  his  vote  shall  be  received,  take  an  oath, 
in  the  terms  prescribed  in  the  next  succeed- 
ing section.  After  such  a  system  shall  have 
been  established,  the  said  oath  shall  be  taken 
and  subscribed  by  the  voter  at  each  time  of 
his  registration."  Any  person  declining  to 
take  said  oath  shall  not  be  allowed  to  vote, 
or  to  be  registered  as  a  qualified  voter.  The 
taking  thereof  shall  not  be  deemed  conclu- 
sive evidence  of  the  right  of  the  person  to 


vote,  or  to  be  registered  as  a  voter ;  but  such 
right  may,  notwithstanding,  be  disproved. 
And  after  a  system  of  registration  shall  have 
been  established,  all  evidence  for  and  against 
the  right  of  any  person  as  a  qualified  voter 
shall  be  heard  and  passed  upon  by  the  regis- 
tering officer,  or  officers,  and  not  by  the 
judges  of  election. 

Sec.  6.  The  oath  to  be  taken,  as  aforesaid, 
shall  be  known  as  the  "Oath  of  Loyalty," 
and  shall  be  in  the  following  terms : 

"I,  A.  B.,  do  solemnly  swear  that  1  am 
well   acquainted  with   the   terms  of  the 

third  section  of  the  —          article  of  the 

Constitution  of  the  State  of  Missouri, 
adopted  in  the  year  eighteen  hundred  and 
sixty-five,  and  have  carefully  considered 
the  same;  that  I  have  never,  directly  or 
indirectly,  done  any  of  the  acts  in  said 
section  specified;  that  1  have  always  been 
truly  and  loyally  on  the  side  of  the  United 
States,  against  all  enemies  thereof,  foreign 
and  domestic;  that  1  will  always  bear  true 
faith  and  unqualified  allegiance  to  the  United 
States,  and  will  support  the  Constitution  and 
laws  thereof  as  the  supreme  law  of  the  land, 
any  law  or  ordinance  of  any  State  to  the  con- 
trary notwithstanding;  that  I  will  always,  to 
the  best  of  my  ability,  protect  and  defend  the 
Union  of  the  United  States,  and  not  allow 
the  same  to  be  broken  up  and  dissolved,  or 
the  Government  thereof  to  be  destroyed  or 
overthrown,  under  any  circumstances,  if  in 
my  power  to  prevent  it ;  that  I  will  always 
discountenance  and  oppose  all  combinations, 
plans,  and  efforts,  having  for  their  object  the 
dissolution  of  said  Union,  or  the  overthrow 
of  said  Government;  that  I  wall  always,  in 
word  and  deed,  demean  myself  as  a  loyal  and 
faithful  citizen  of  the  United  States;  that  I 
will  support  the  said  Constitution  of  the 
State  of  Missouri ;  and  that  I  make  this  oath 
without  any  mental  reservation  or  evasion, 
and  hold  it  to  be  binding  on  me. ' ' 

Sec.  7.  Within  fifteen  days  after  the  adop- 
tion of  this  Constitution,  the  Governor,  Lieu- 
tenant Governor,  Secretary  of  State,  Auditor 
of  Public  Accounts,  State  Treasurer,  Register 
of  Lands,  Attorney  General,  and  all  mem- 
bers and  officers  of  both  houses  of  the  General 
Assembly,  shall  take  and  subscribe  said  oath ; 
and,  within  two  months  after  such  adoption, 
every  person  in  this  State  holding  any  other 
office  of  honor,  trust,  or  profit,  under  the 
Constitution  or  laws  thereof,  or  under  any 
municipal  corporation,  or  any  of  the  other 
offices,  positions,  or  trusts,  mentioned  in  the 
third  section  of  this  article,  shall  likewise 
take  and  subscribe  the  same.  If  any  officer 
or  person  referred  to  in  this  section  shall  fail 
to  comply  with  the  requirement  thereof,  his 
office,  position,  or  trust,  shall,  ipso  facto,  be- 
come vacant,  and  the  vacancy  shall  be  tilled 
according  to  the  law  governing  the  case . 

Sec.  8.  No  vote  in  any  election  by  the 
people  shall  be  cast  up  for,  nor  shall  any  cer- 
tificate of  election  be  granted  to,  any  person 
who  shall  not,  within  fifteen  days  next  pre- 


37 


ceding  such  election,  have  taken,  subscribed, 
and  filed  said  oath. 

Sec.  9.  ^o  person  shall  assume  the  duties 
of  any  State,  county,  city,  town,  or  other 
office  to  which  he  may  be  appointed,  other- 
wise than  by  a  vote  of  the  people ;  nor  shall 
anv  person,  after  the  expiration  of  two  months 
after  the  adoption  of  this  Constitution,  be 
permitted  to  practice  as  an  attorney  or  coun- 
selor at  law;  nor,  after  that  time, "shall  any 
person  be  competent,  as  a  bishop,  priest, 
deacon,  minister,  elder,  or  other  clergyman, 
of  any  religious  persuasion,  sect,  or  denom- 
ination, to  solemnize  marriages;  unless  such 
person  shall  have  first  taken,  subscribed,  and 
tiled  said  oath . 

Sec.  10.  Oaths  taken  in  pursuance  of  the 
seventh,  eighth,  and  ninth  sections  of  this 
article,  shall  be  filed  as  follows :  By  a  State 
civil  officer,  or  a  candidate  for  a  State  civil 
office,  and  by  members  and  officers  of  the 
present  General  Assembly,  in  the  office  of 
the  Secretary  of  State;  by  a  military  officer, 
in  the  office* of  the  Adjutant  General;  by  a 
candidate  for  either  house  of  the  General 
Assembly,  in  the  clerk's  office  of  the  county 
court  of"  the  county  of  his  residence,  or 
in  that  of  the  county  where  the  vote  of 
the  district  is  required" by  law  to  be  cast  up. 
and  the  certificate  of  election  granted ;  by  a 
city  or  town  officer,  in  the  office  where  the 
archives  of  such  city  or  town  are  kept;  and 
in  all  other  cases,  in  the  office  of  the  clerk  of 
the  county  court  of  the  county  of  the  per- 
son's residence. 

Sec.  11.  Every  court  in  which  any  person- 
shall  be  summoned  to  serve  as  a  grand  or 
petit  juror,  shall  require  him,  before  he  is 
sworn  as  a  juror,  to  take  said  oath,  in  open 
court  ;  and  no  person  refusing  to  take  the 
same  shall  serve  as  a  juror. 

Sec.  12.  If  any  person  shall  declare  that 
he  has  conscientious  scruples  against  taking 
an  oath,  or  swearing  in  any  form,  the  said 
oath  may  be  changed  into  a  solemn  affirma- 
tion, and  be  made"  by  him  in  that  form . 

Sec.  13.  In  addition  to  the  oath  of  loyalty 
aforesaid,  eveiy  person  who  may  be  elected 
or  appointed  to  any  office  shall,  before  enter- 
ing upon  its  duties,  take  and  subscribe  an 
oath  or  affirmation,  that  he  will,  to  the  best 
of  his  skill  and  ability,  diligently  and  faith- 
fully, without  partiality  or  prejudice,  dis- 
charge the  duties  of  such  office  according  to 
the  Constitution  and  laws  of  this  State. 

Sec.  14.  "Whoever  shall,  after  the  times 
limited  in  the  seventh  and  ninth  sections  of 
this  article,  hold  or  exercise  any  of  the 
offices,  positions,  trusts,  professions,  or  func- 
tions therein  specified,  without  having  taken, 
subscribed,  and  filed  said  oath  of  loyalty, 
shall,  on  conviction  thereof,  be  punished  by 
fine  not  less  than  five  hundred  dollars,  or  by 
imprisonment  in  the  comity  jail  not  less  than 
six  months,  or  by  both  such  fine  and  im- 
prisonment ;  and"  whoever  shall  take  said 
oath  falsely,  by  swearing  or  by  affirmation, 
shall,  on  "conviction  thereof,  "be  adjudged 
guilty  of  perjuiy,  and  be  punished  by  im- 


prisonment in  the  penitentiary  not  less  than 
two  years. 

Sec.  15.  Whoever  shall  be  convicted  of 
having,  directly  or  indirectly,  given  or 
offered  any  bribe  to  procure  his  election  or 
appointment  to  any  office,  shall  be  disquali- 
fied for  any  office  of  honor,  trust,  or  profit, 
under  this  State ;  and  whoever  shall  give  or 
offer  any  bribe,  to  procure  the  election  or 
appointment  of  any  other  person  to  any 
office,  shall,  on  conviction  thereof,  be  disqual- 
ified for  a  voter,  or  any  office  of  honor,  trust, 
or  profit,  under  this  State,  for  ten  years  after 
such  conviction. 

Sec.  16.  No  officer,  soldier,  seaman,  or 
marine,  in  the  regular  army  or  navy  of  the 
United  States,  shall  be  entitled  to  vote  at  any 
election  in  this  State. 

Sec.  17.  No  person  who  shall  make,  or 
become  directly  or  indirectly  interested  in, 
any  bet  or  wager  depending  upon  the  result 
of  "any  election,  shall  vote  at  such  election. 

Sec.  18.  Every  white  male  citizen  of  the 
United  States,  over  the  age  of  twenty-one 
years,  not  disqualified  by  or  under  any  of  the 
provisions  of  this  Constitution,  and  who  shall 
have  complied  with  its  requirements,  and 
have  resided  in  this  State  one  year  next  pre- 
ceding any  election,  or  next  "preceding  his 
registration  as  a  voter,  and  during  the  last 
sixty  days  of  that  period  shall  have  resided 
in  the  comity,  city-  or  town  where  he  oilers 
to  vote,  or  seeks  registration  as  a  voter,  shall 
be  entitled  to  vote  at  such  election  for  all 
officers,  State,  county,  or  municipal,  made 
elective  by  the  people  ;  but  he  shall  not  vote 
elsewhere"  than  in  the  election  district  ot 
which  he  is  at  the  time  a  resident,  or,  after  a 
system  of  registration  of  votes  shall  have 
been  established  in  the  election  district  where 
his  name  is  registered;  except  as  provided 
in  the  twentieth  section  of  this  article . 

Sec.  19.  For  the  purpose  of  voting,  no 
person  shall  be  deemed  to  have  gained  or 
lost  a  residence,  by  reason  of  his  presence  or 
absence,  while  employed  in  the  service  of 
the  United  States,  nor  while  engaged  in  the 
navigation  of  the  waters  in  this  State,  or  of 
the  United  States,  or  of  the  high  seas;  nor 
while  a  student  in  any  seminary  of  learning; 
nor  while  kept  at  any  poorhouse.  or  other 
asylum,  at  public  expense;  nor  when  con- 
fined in  any  public  prison. 

Sec.  20."  Any  qualified  voter,  under  the 
eighteenth  section  of  this  article,  who  may 
be  absent  from  the  place  of  his  residence,  by 
reason  of  being  in  the  volunteer  army  of  the 
United  States,"  or  in  the  militia  force  of  this 
State,  in  the  service  thereof,  or  of  the  United 
States,  whether  within  or  without  the  State, 
shall,  without  registration,  be  entitled  to 
vote  in  any  election  occurring  during  such 
absence.  The  General  Assembly  shall  pro- 
vide by  law  for  the  taking  of  the  votes  of  all 
such  persons,  wherever" they  may  be.  and 
the  day  fixed  for  such  election,  "or  at  any 
time  within  twenty  days  next  prior  thereto", 
and  for  the  due  return  and  counting  of  such 
I  votes.     Every  such  person  shall  take  the 


38 


same  oath  that  all  other  voters  may  be  re- 
quired to  take  in  order  to  vote . 

Sec.  21.  Voters  shall,  in  all  cases,  except 
treason,  felony,  or  breach  of  the  peace,  be 
privileged  from  arrest  during-  their  continu- 
ance at  elections ,  and  in  going  to  and  return- 
ing from  the  same. 

Sec.  22.  Any  person  who  may  at  any 
time  have  done  any  act  which,  under  the 
third  section  of  this  article,  has  disqualified 
or  may  disqualify  him ,  as  therein  expressed , 
and  who  shall,  after  the  commission  of  such 
act,  have  voluntarily  entered  the  military 
service  of  the  United  States,  and  been  honor- 
ably discharged  therefrom,  and  after  such 
discharge  have  demeaned  himself  in  all  re- 
spects as  a  loyal  and  faithful  citizen,  may  be 
relieved  from' such  disqualification .  In  order 
thereto,  he  shall,  in  person,  present  his  pe- 
tition to  the  circuit  court  of  the  county  of 
his  residence,  stating  specifically  the  act  or 
acts  which  produced  such  disqualification, 
and  the  grounds  upon  which  he  prays  to  be 
relieved  therefrom ;  and  the  court  shall  set  a 
day  for  hearing  the  cause ,  not  less  than  five 
days  after  the  presentation  of  the  petition; 
when ,  if  it  appear  by  competent  proof  that 
the  petitioner  is  justly  entitled  to  the  re- 
lief prayed  for,  the  court  shall  make  a  de- 
cree removing  such  disqualification.  But 
any  act  done  by  such  person  after  the  date 
of  such  decree*  which  would  impose  a  dis- 
qualification under  said  third  section  of  this 
article,  shall  make  such  decree  null  and 
void,  and  remit  him  to  his  previous  con- 
dition of  disqualification  ;  and  no  such  de- 
cree shall  be  granted  a  second  time  in  his 
favor. 

Sec.  23.  After  any  person  shall  have  been 
so  relieved  by  the  decree  of  a  circut  court, 
he  shall,  in  order  to  vote,  or  hold  any  of  the 
offices,  positions  or  trusts,  or  exercise  any 
of  the  privileges  or  functions  hereinbefore 
specified,  take  the  oath  of  loyalty  aforesaid, 
except  the  part  thereof  which  refers  to  the 
third  section  of  this  article,  and  to  the  past 
acts  or  loyalty  of  the  person  taking  the  oath. 

Sec.  24.  After  the  day  of  ,  one 

thousand  eight  hundred  and*  ,  and  un- 
til the  date  next  hereinafter  named,  the 
General  Assembly  shall  have  power,  if  a 
majority  of  all  the  members  elected  to  both 
houses  concur  therein,  to  suspend  or  repeal 
any  part  of  the  third ,  fifth  and  sixth  sections 
of  this  article  so  far  as  the  same  relate  to  the 
qualifications  of  voters,   but  no  further. 

After  the   .day  of  ,  one  thousand 

eight  hundred  and  ,  the  General  As- 
sembly may  wholly  suspend  or  repeal  the 
third,  fourth,  fifth,  sixth,  eighth,  ninth, 
tenth,  eleventh  and  twelfth  sections  of  this 
article,  or  any  part  thereof,  if  a  like  major- 
ity of  both  houses  concur  therein.  But  no 
such  suspension  or  repeal  shall  have  the 
effect  of  dispensing  with  the  taking,  by  every 
person  elected  or  appointed  to  any  office  in 
this  State,  of  so  much  of  the  oath  of  loyalty 
aforesaid  as  follows  the  word  k  1  thereof ' ' 
where  it  first  occurs  therein .  On  the  passage 
of  any  bill  suspending  or  repealing  any  of 


said  sections,  or  any  part  thereof,  the  votes 
of  both  houses  shall  be  taken  by  ayes  and 
noes,  and  entered  on  the  journals  of  the 
houses,  respectively.  The  General  Assem- 
bly shall  also  have  power,  at  any  time,  to 
remove  any  such  suspension  or  repeal,  and 
reinstate  the  provisions  suspended  or  re- 
pealed, in  full  force  and  effect  as  a  part  of 
this  Constitution.  Every  suspension  or  re- 
peal made  in  pursuance  of  this  section,  shall 
be  o-eneral  in  its  terms,  and  not  in  any  case 
in  favor  of  any  named  person;  but  the  Gen- 
eral Assembly  may  except  from  the  benefit 
of  such  suspension  or  repeal  any  person,  or 
class  of  persons,  it  may  see  fit. 

Sec.  25.  The  General  Assembly  shall  pro- 
vide for  the  exclusion  from  every  office  of 
honor,  trust,  or  profit  within  this  State,  and 
from  the  right  of  suffrage,  of  any  person 
convicted  of  bribery,  perjury,  or  other  in- 
famous crime. 

Sec,-'  26.  For  the  purpose  of  ascertaining 
the  sense  of  the  people  in  regard  to  the  ad- 
mission of  persons  of  color  to  the  right  of 
suffrage,  the  question  shall,  in  the  manner 
hereinafter  prescribed,  be  submitted  to ,  and 
voted  upon  by,  the  qualified  voters  of  the 
State,  at  the  general  election  to  be  held  in 
the  year  one  thousand  eight  hundred  and 
seventy ;  and  if  the  vote  of  the  people  should 
then  be  against  such  admission,  the  question 
shall,  in  like  manner,  be  again  submitted  to, 
and  voted  upon  by,  such  qualified  voters,  at 
the  general  election  to  be  held  in  the  year 
one  thousand  eight  hundred  and  seventy-six; 
and  if  the  vote  of  the  people  should  then  be 
against  such  admission,  the  General  Assem- 
bly may,  at  any  time  thereafter,  provide  by 
law  for  again  submitting  the  question  to  the 
qualified  voters,  at  any  general  election,  and 
as  often  as  it  may  be  deemed  expedient. 
Whenever  the  said  question  shall  be  so  sub- 
mitted, either  at  the  times  named  in  this 
section,  or  at  any  time  fixed  by  the  General 
Assembly,  the  votes  thereupon  shall  be  given 
on  the  same  ballots  upon  which  officers  are 
voted  for.  The  ballots  in  favor  of  the  ad- 
mission of  persons  of  color  to  the  right  of 
suffrage  shall  have  written  or  printed  thereon 
the  words  "Colored  Suffrage— Yes ; "  and 
those  against  such  admission  shall  have  writ- 
ten or  printed  thereon  the  words  "Colored 
Suffrage— No. ' '  It  shall  be  the  duty  of  the 
judges  of  election,  at  any  such  election,  to 
count  and  return,  with  the  other  votes, 
those  given  for  and  against  colored  suffrage, 
and  tlie  same  shall  be  cast  up  and  certified 
by  the.  clerks  of  the  several  county  courts  to 
the  Secretary  of  State;  and  at  the  expiration 
of  forty  days  after  the  day  of  the  election, 
that  officer  shall  proceed  to  ascertain  from 
the  returns  in  his  office  the  aggregate  vote 
of  the  State  upon  said  question,  including 
the  soldiers'  vote  hereinbefore  provided  for. 
and  certify  the  same  to  the  Governor,  who 
shall  thereupon  make  known  the  same  by 
his  proclamation;  and  if  a  majority  of  the 
votes  given  upon  the  question  shall  have  been 
in  favor  of  colored  suffrage,  then,  from  the 
1  date  of  such  proclamation,  persons  of  color. 


89 


being  otherwise  qualified  as  voters,  shall  be 
entitled  to  vote  at  all  elections  by  the 
people . 

On  motion,  one  hundred  copies  of  the 
foregoing  article  were  ordered  to  be 
printed. 

Mr.  Fletcher  offered  the  following  reso- 
lution : 

Resolved.  That  the  State  Constitutional 
Convention,  now  in  session  in  St.  Louis,  ask 
and  invite  the  State  Senate  and  Legislature . 
in  session  at  Jefferson  City .  to  meet  them  at 
St.  Louis  on  vv  ednesday  next,  the  18th  inst. . 
that  they  may  have  an  'interchange  of  views : 
and  that  the  President  of  this  Convention 
forward  to  the  President  of  the  Senate  and 
the  Speaker  of  the  House  of  Representa- 
tives, a  copy  of  this  resolution,  upon  its 
adoption. 

Mr .   moved  to  include  the  Governor 

of  the  State  in  the  invitation,  which  was 
accepted  by  Mr.  Fletcher. 

Mr.  Clover  moved  to  amend  the  resolu- 
tion by  striking  out  the  words  '  •  Wednesday, 
the  ISth  inst. . " "  and  inserting  the  1  "1st  day 
of  January  next. 3 ; 

On  motion,  the  resolution  and  amend- 
ments were  laid  on  the  table. 

The  Presidext  read  the  following  letter  to 
the  Convention : 

St.  Louis.  January  16.  1S65. 
Hon.  Arnold  Krekel.  President  of  the  Mis- 
souri State  Convention : 

Sir — 1  have  the  honor  to  be  the  bearer  of 
a  eommunieatiou  from  His  Excellency  the 
Governor  of  Illinois,  transmitting  joint  reso- 
lutions from  the  General  Assenibiy'of  Illinois, 
passed  on  reception  of  intelligence  of  the 
adoption,  by  the  Convention  oir  Missouri,  of 
an  Ordinance  of  Emancipation,  which  com- 
munication I  desire  to  present  to  your  hon- 
orable body,  at  such  time  as  it  will  be  your 
pleasure  to  receive  them. 

Verv  respectfully  ,  vour  ob't  serv't, 
(Signed)       '    JOHN  S.  LOOMIS. 

Sec'y  and  A.  D.  C.  to  His  Excellency.  Gov.  Yates. 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved.  That  the  Convention  will  receive, 
with  pleasure.  Mr.  Loomis,  the  messenger 
bearing  the  communication  from,  the  Govern- 
or of  the  State  of  Illinois  to  this  body:  and 
that  a  committee  of  two  be  appointed  to  con- 
duct Mr.  Loomis  into  the  hall  and  introduce 
him  to  the  Convention. 

The  President  appointed  Messrs.  Drake 
and  St.  Gem  a  committee  to  conduct  in 
and  introduce  Mr.  Loomis.  who  came  for- 
ward and  presented  the  following  communi- 
cation: 


State  or  Illinois.  Executive  Det't.,  ~) 
Springfield,  Jan.  13,  1S65.  J 
To  the  Honorable  the  President  of  the  Constitu- 
Uonal  Convention  of  the  State  of  Missouri : 

Sir  —  It  is  with  feelings  of  unalloyed 
gratification  that  I  submit  to  you  the  en- 
closed resolution  of  the  General  Assembly  of 
the  State  of  Illinois,  congratulating  'her 
sister  State  on  the  passage,  by  the  Constitu- 
tional Convention,  of  the  ordinance  abolish- 
ing slavery  in  Missouri. 

Illinois  'was  the  third  State  which  came 
into  the  I mion  under  the  glorious  ordinance 
of  1787.  Missouri  is  the  third  Stare  to  abol- 
ish"' slavery  in  accordance  with  the  spirit  of 
the  still  'more  glorious  proclamation  of 
emancipation  of  Abraham  Lincoln. 

May  these  two  sister  States  henceforth  run., 
hand' in  hand  together,  the  race  of  liberty, 
prosperity ,  and  happiness .  They  have  hith- 
erto beeii  united  by  the  ties  of  race  and 
blood:  hereafter  they  will  be  united  forever 
by  the  ties  of  universal  liberty,  acknowledg- 
ing the  fraternity  of  but  one'  brotherhood  oi 
humanity,  and  the  supremacy  of  but  one 
God.  who  is  the  Father  of'  all.  without 
respect  of  race  or  color. 

All  the  natural  and  inevitable  consequences 
of  freedom  must  now  be  showered  down 
upon  the  noble  State  of  Missouri.  She  has 
accomplished  the  will  ot  God.  and  of  all 
good  men.  and  her  reward  is  being  prepared 
i'or  her  by  Him  who  holds  the  nations  in  the 
hollow  of  His  hands. 

With  a'reat  respect.  I  am.  sir. 
"Your  obed't  serv't. 

(Signed)       RICH'D  YATES.  Governs. 

State  of  Illtxois,  Executive  Dep"t.  \ 
Springfield .  January  13.  1S65.  J 

Resolved,  by  the  House  of  Rejrresentatives. 
the  Senate  concurring.  That  we  hail  with 
delight  the  tidings  that  the  Constitutional 
Convention  of  Missouri,  by  the  decisive 
vote  of  sixty  to  four,  has  abolished  slavery 
in  the  State',  and  that  the  Governor  be.  and 
is  hereby  requested,  in  the  name  of  the 
people  of  the  State  of  Illinois,  to  tender  our 
congratulations  to  the  people  of  that  State, 
and" to  welcome  Missouri  into  the  sisterhood 
of  free  States. 
Official  copv: 

(Signed*        EICH'D  YATES.  Governor. 

Mr.  Drake  offered  the  following  resolu- 
tion .  which  was  adopted : 

Resolved.  That  Missouri  accepts,  with 
thanks,  the  greetings  of  her  free  sister,  Illi- 
nois, and  responds  "with  earnest  wishes  that 
the  current  of  good  feeling  between  the  two 
States  may  be  as  ceaseless  in  its  flow  as  the 
tide  of  the  mighty  river  which  pours  its  rich 
blessings  along  the  borders,  which  are  no 
more  to  be  divided  by  the  black  line  of 
human  slavery. 

The  ordinance  offered  by  Mr.  Boxham, 
relative  to  abrogating  certain  parts  of  the 
constitution.,  was  taken  up,  read  the  second 


40 


time,  and  referred  to  the  Committee  on  the 
Legislative  Department. 

On  motion,  the  Convention  adjourned  till 
3  o'clock  p.  m. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

A  quorum  being  present,  the  Convention 
proceeded  to  business. 

The  foil  owing1  committee,  as  a  Committee 
on  Accounts,  was  appointed  under  the  49th 
rule  governing  the  Convention,  viz:  Messrs. 
Meyer,  Holcomb,  and  Grammer. 

The  resolution  heretofore  offered  by  Mr. 
Bush,  to  amend  the  44th  rule,  was  read  the 
second  time,  and,  on  motion,  adopted. 

Mr.  St.  Gem  presented  the  following  com- 
munication, which  was  read  and  referred  to 
the  Committee  on  the  Judicial  Department: 

To  the  Honorable  Convention  of  Delegates  to 
amend  the  Constitution  of  the  State  of  Mis- 
souri : 

Under  the  laws  heretofore  existing  in  Mis- 
souri slaves  could  own  no  property  in  real 
estate,  and  possess  no  property  except  his 
peculium. 

There  are  many  cases  where  wills  have 
been  made,  or  deeds  of  conveyance  have 
been  executed,  to  persons  with  secret  trusts 
in  favor  of  slaves . 

There  are  other  cases  of  property  accumu- 
lated by  slaves  in  time  allowed  them  by  their 
masters  to  work  for  themselves . 

I  have  the  honor  to  suggest  that  an  ordi- 
nance should  declare  these  secret  trusts  valid, 
and  vest  the  legal  title  with  them;  also,  ren- 
der valid  the  title  and  ownership  of  personal 
and  real  estate. 

Respectfully  submitted  for  consideration. 

J.  B.  ROGERS. 

On  motion  of  Mr.  Mitchell,  Mr.  Wil- 
liams of  Scotland  was  added  to  the  Commit- 
tee on  Education . 

Mr.  Gamble  offered  the  following  resolu- 
tion: 

Resolved,  That  it  is  the  sense  of  this  Con- 
vention that  all  persons  owning  slaves  on  the 
11th  day  of  January,  18G5,  who  were,  and 
are,  truly  loyal  to  the  Government  of  the 
United  States,  shall  be  paid  the  full  value  of 
such  slaves  so  owned,  and  liberated  by  the 
Ordinance  of  Emancipation  passed  by  this 
Convention  on  that  day ;  and  the  Committee 
on  Legislative  Powers  are  hereby  instructed 
to  insert  a  clause  in  the  Constitution  of  this 
State,  requiring  the  Legislature,  at  the  present 
session,  to  pass  the  necessary  law  or  laws  to 
carry  this  resolution  into  effect:  Provided, 
That  the  Legislature  shall  pass  no  law  which 


will  allow  any  such  owner  more  than  three 
hundred  dollars  for  any  one  such  slave  so 
emancipated. 

Mr.  Box  ham  moved  to  lay  the  resolution 
on  the  table. 

Upon  which  motion  Mr.  Gamble  demand- 
ed the  ayes  and  noes,  and  the  vote  being 
taken,  stood  as  follows : 

Ayes — Messrs.  Bonhain,  Budd,  Childress, 
Clover,  Cowden,  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Doclson,  D'Oench,  Drake, 
Esther,  Evans,  Fniev,  Folmsbee,  Fulker- 
son,  Gilstrap,  GilberTof  Lawrence.  Gram- 
mer, Green,  Henderson,  Holcomb,  Holland.  \ 
Hughes.  Hume,  Husmann,  King,  Leonard,/ 
Linton,  McKernan.  McPherson,  Mack,  Meyer, 
Mitchell,  Newgent,  Nixdorf,  Owens,  Peck, 
Rankin,  St.  Gem,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Thileniiis,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 47 . 

Noes— Messrs.  Gamble,  Gilbert  of  Platte, 
Morton,  and  Switzler — i. 

Absent — Messrs.  Adams,  Bunce,  Bush, 
Ellis,  Fletcher,  Foster,  Harris,  Holdsworth, 
Martin,  Rohrer,  Smith  of  Mercer,  and  Weath- 
erby— 12. 

So  the  resolution  was  laid  upon  the  table. 

Mr.  Holcomb  offered  the  following  resolu- 
tion, which  was  referred  to  the  Committee 
on  Miscellaneous  Business : 

Resolved,  That  the  Committee  on  Miscel- 
laneous Propositions  be,  and  they  are  here- 
by, instructed  to  examine  into  the  expe- 
diency of  taxing  rebels,  or  rebel  prop- 
erty, in  the  several  counties  of  this  State,  to 
replace  all  township  and  county  buildings, 
and  all  other  county  or  township  property, 
that  have  been  destroyed  b}^  rebel  armies  or 
rebel  guerrilla  bands;  also  of  refunding  to 
all  loyal  men.  and  especially  Federal  soldiers, 
the  amounts  that  have  been  stolen  from  them, 
and  report  to  this  Convention,  by  ordinance 
or  otherwise,  as  they  shall  think  proper. 

Mr.  Davis  of  New  Madrid  offered  the  fol- 
lowing resolution : 

Resolved,  That  the  Constitution,  together 
with  all  the  provisions  therein  contained, 
and  all  the  ordinances  adopted  by  this  Con- 
vention, shall  be  submitted  to  a  direct  vote 
of  the  people  of  this  State,  on  the  first  Tues- 
day in  November  next. 

Mr.  St.  Gem  moved  to  lay  the  resolution 
on  the  table. 

Mr.  Davis  of  New  Madrid  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes— Messrs.  Bonham,  Budd,  Bush, 
Childress  Clover,  Cowden,  Davis  of  Noda- 
way, Dodson.  D'Oench,  Drake,  Evans, 
Fil'ley,  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Grammer,  Green,  Hen- 
derson,  Holcomb,    Holland,  Hume,  Hus- 


41 


ipaann,  King,  Leonard,  Linton,  McKernan, 
McPherson,  Mack,  Meyer,  Mitchell,  New- 
gent,  Nixdorf,  Peck,  Rankin,  Rohrer,  St. 
Gem,  Smith  of  Worth,  Strong.  Sutton, 
Swearingen,  Williams  of  Caldwell.  Wil- 
liams of  Scotland,  and  Mr.  President— 14. 

Noes— Messrs.  Bedford,  Davis  of  New 
Madrid,  Esther,  Fletcher,  Gilbert  of  Platte, 
Morton,  Owens,  Switzler,  and  Thilenius— 9. 


Absent — Messrs.  Adams,  Bnnce,  Ellis, 
Foster,  Gilstrap.  Harris.  Holds  worth, 
Hughes.  Martin,  Smith  of  Mercer,  Weath- 
erby— li. 

So  the  resolution  was  laid  on  the  table . 

On  motion  the  Convention  adjourned  to 
meet  to-morrow  morning  at  10  o'clock. 


EIGHTH  D^Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair. 

Prayer  by  Rev.  Dr.  Eliot. 

The  journal  of  the  proceedings  of  the  last 
session  was  read  by  the  Secretary,  and  ap- 
proved . 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  Secretary  of  State  be 
requested  to  make  out  and  transmit  to  this 
body  a  tabular  statement  of  the  vote  of  this 
State,  by  counties,  on  the  eighth  day  of 
November  last,  for  and  against  a  Convention. 

Mi*.  Newgent  offered  the  following  ordi- 
nance, which  was  read  the  first  and  second 
times,  and, 

On  motion  of  Mr.  Drake,  was  referred 
to  the  Committee  on  the'  Judicial  Depart- 
ment: 

AX    ORDINANCE    TO   PROTECT    CITIZENS  AND 
SOLDIERS. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  in  Convention  assembled: 
That  no  soldier  nor  citizen  of  this  State 
shall  be  liable  to  any  action  by  the  civil 
authorities,  for  any  act  heretofore  done,  or 
that  may  hereafter  be  clone,  under  the  author- 
ity of  any  military  command  in  this  State. 

Mr.  Fillet,  Chairman  of  the  Committee 
on  Printing,  presented  the  following  report: 

The  Committee  on  Printing  unanimously 
and  respectfully  report,  that  from  the  nature 
of  the  printing  that  the  Convention  will, 
from  time  to  time,  demand,  it  is  impossible 
for  the  Committee,  or  the  Convention,  in  ad- 
vance, to  determine,  and,  therefore,  impossi- 
ble to  give  a  schedule  upon  which  a  specific 
contract  can  be  based 

If  the  Committee  could  be  informed  as  to 
the  precise  quantity,  kind  and  style,  it  would 
afford  them  the  basis  for  such  a  contract. 

They  have,  therefore,  adopted  the  basis  of 
the  last  Convention,  and  made  what  appears  . 


TUESDAY,  January  17th,  1S65. 

to  them  a  much  more  favorable  arrangement, 
than,  from  the  immense  advance  in  labor 
and  material,  and  the  prices  adopted  by  the 
last  Convention,  they  expected,  and.  there- 
fore, have  arranged  with  Messrs.  McKee, 
Fishback  &  Co.,  of  the  Missouri  Democrat,  as 
follows : 

All  printing,  in  book  form,  to  be  done  on 
good  strong  paper,  in  such  type  as  may  be 
directed  by  the  Committee  or  officer  having 
superintendence  thereof:  all  documents, 
and  other  job  work,  with  such  type  and 
paper  as  may  be  directed  by  the  proper  offi- 
cer. The  printing  to  be  done  promptly  and 
in  a  neat  and  workmanlike  manner. 

Price  for  blank  forms,  one  dollar  and  three 
cents  for  the  first  eight  quires,  each:  and  for 
every  additional  quire  eighty-five  cents. 

For  public  documents,  eighty-five  cents 
per  thousand  ems.  for  the  first  hundred 
copies,  and  twenty  cents  per  thousand  ems 
for  each  additional  hundred  copies. 

For  pressing  sheets,  folding  and  stitching, 
and  covering  with  strong  paper  covers,  not 
over  ten  cents  per  volume,  for  less  than 
thirty-two  pages  for  each  volume:  substan- 
tially half  bound,  leather  covers  and  backs, 
and  lettered,  thirty  cents. 

The  Committee  recommend  the  adoption 
of  the  following  resolution : 

Resolved,  That  the  Secretary  of  the  Con- 
vention be  instructed  to  have  the  printing 
done  by  Messrs.  McKee,  Fishback  &  Co. ,  on 
terms  as  above. 

(Signed)  CHAUNCEYI.  FILLEY,  CVn. 
WILLIAM  D'OENCH. 
WYLLYS  KING. 

On  motion,  the  report  and  resolution  were 
adopted . 

Mr.  Strong  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,,  That  the  Secretary  of  this  Con- 
vention be.  and  hereby  is,  authorized  to  em- 
ploy such  clerks  as  are  absolutely  necessary 
to  copy  the  reports  of  committees  for  the 
purpose  of  having  them  immediately  printed, 
and  such  other  "business  as  requires  addi- 
tional assistance,  under  the  direction  of  the 


42 


President,  and  to  receive  such  remuneration 
as  the  President  may  deem  right. 

Mr.  Strong,  Chairman  of  the  Committee 
on  Credentials,  reported  that  Mr.  A.  J. 
Barr,  of  the  Tenth  District,  had  presented 
Ids  credentials,  and  that  they  are  correct. 

Mr.  Barr  came  toward  and  took  the  oath, 
and  was  enrolled  as  a  member  of  the  Con- 
vention. 

Mr.  Bonham  offered  the  following  reso- 
lutions : 

Resolved,  That  it  is  the  sense  of  this  Con- 
vention, that  the  Government  of  the  United 
States  should  never  propose  terms  of  peace 
to  the  so-called  Southern  Confederacy,  but 
should  prosecute  the  war  with  all  the  means 
and  power  of  the  Government,  to  its  final 
end,  and  until  every  rebel  acknowledges  and 
bows  to  the  supremacy  of  the  Constitution 
of  the  United  States,  and  the  laws  passed  in 
pursuance  thereof. 

Resolved,  That  a  copy  of  these  resolutions 
be  authenticated  by  the  President  and  Sec- 
retary of  this  Convention ,  and  forwarded  to 
the  President  of  the  United  States,  the  Pres- 
ident of  the  Senate,  and  the  Speaker  of  the 
House  of  Representatives  in  Congress. 

Mr.  Green  offered  the  following  resolu- 
tions as  a  substitute  for  the  resolution  of  Mr. 
Bonham : 

Resolved,  That  this  Convention  would  hail 
with  delight  the  cessation  of  hostilities  be- 
tween the  armies  of  the  Union  and  the  armies 
of  the  so-called  Confederate  States  of  Amer- 
ica: Provided,  howecer,  The  same  can  be 
brought  about  on  terms  consistent  with  the 
honor,  integrity,  unity,  and  perpetuity  of 
the  Union  of  all  the  States,  and  the  irrevo- 
cability of  the  Proclamation  of  Emancipa- 
tion, issued  by  President  Lincoln  in  Jan- 
uary, 1863. 

Resolved,  That  unless  these  ends  can  be 
accomplished  in  negotiations  for  peace,  it  is 
our  opinion  that  the  war  should  be  prose- 
cuted to  its  ultimate  consequences,  trusting 
that,-  under  the  providence  of  God,  final  vic- 
tory to  the  Union  arms  will  be  secured ,  the 
ultimate  overthrow  of  the  rebellion,  and  the 
restoration  of  peace,  with  the  Union  pre- 
served, and  with  universal  emancipation 
through  all  the  States . 

Mr.  Strong  offered  as  a  substitute  the 
following  resolution : 

Resolved,  That  the  terms  of  peace  proposed 
by  the  President  of  the  United  States,  in  his 
late  annual  message,  which  are  in  effect  that 
peace  will  be  restored  when  those  who  be- 
gan the  war  lay  down  their  arms,  and  submit 
to  the  Constitution  and  laws  of  the  United 
States,  meet  with  the  cordial  approval  of  this 
Convention,  and  of  the  loyal  people  of  the 
State  of  Missouri;  and  we  are  of  the  opinion 
that  they  are  the  only  terms  consistent  with 


the  honor  and  the  safety  of  these  United 
States. 

Mr.  Krekel  offered  the  following  resolu- 
tion, which  was  read,  as  a  substitute  for  the 
original  proposition  and  substitutes  therefor : 

Resolved,  That  this  Convention  looks  with 
apprehension  to  the  preparation  now  making 
on  the  part  of  the  Southern  States  to  return 
to  their  allegiance  as  States  by  separate 
State  action,  because  of  the  claim  of  State 
sovereignty  implied  therein,  as  well  as  the 
danger  to  the  cause  of  freedom  to  the  slaves 
yet  held  in  bondage ;  and  we  call  upon  the 
Government,  the  Congress,  and  the  people  of 
the  United  States,  not.  to  expose  the  people 
of  the  South  to  that  fearful  ordeal  of  gradual 
emancipation,  through  which  the  people  of 
Missouri  have  passed,  which  has  laid  waste 
her  fields,  and  expelled  from  their  homes 
and  caused  the  murder  of  many  of  her  best 
citizens. 

On  motion  of  Mr.  Bush,  the  resolution  of 
Mr.  Bonham,  and  the  substitutes  therefor, 
Avere  referred  to  a  select  committee  of  five,  to 
be  appointed  by  the  Chan*. 

On  motion  of  Mr.  Williams  of  Caldwell, 
Mr.  Barr  was  allowed  to  record  his  vote  on 
the  Ordinance  of  Emancipation,  which  he 
recorded  in  the  affirmative. 

On  motion  of  Mr.  Williams  of  Caldwell, 
Mr.  Barr  was  added  to  the  Committee  on 
Militia. 

Mr.  D'Oench  offered  the  following 
ordinance  relative  to  banks  and  banking 
houses : 

Be  it  ordained  by  the  People  of  Missouri,  in 
Convention  assembled : 

1.  The  General  Assembly  shall  not  have 
power  to  establish  or  incorporate  any  bank, 
or  banking  company,  or  moneyed  institution, 
for  the  purpose  of  issuing  bills  of  credit,  or 
bills  payable  to  order  or  bearer. 

2.  Corporations  not  possessing  banking 
powers  or  privileges  may  be  formed  under 
general  laws,  but  shall  not  be  created  by 
special  acts,  except  for  municipal  purposes, 
and  in  cases  where,  in  the  judgment  of  the 
General  Assembly,  the  objects  of  the  corpo- 
ration can  not  be  attained  under  general  laws. 

3.  The  charters  granted  to  banks  of  issue 
are  hereby  revoked ;  but,  for  the  purpose  of 
liquidation,  they  are  permitted  to  continue 
their  business  until  the  first  day  of  July, 
1866,  when  they  shall  cease  to  exist. 

On  motion  of  Mr.  Bush,  this  ordinance 
was  referred  to  the  Committee  on  Banks. 

On  motion  of  Mr.  Drake,  the  article  on 
Declaration  of  Rights  was  made  the  special 
order  of  business  at  3  o'clock  this  afternoon. 

On  motion,  the  Convention  adjourned 
until  3  o'clock  p.  m. 


AFTEKXuuX  SESSION . 

The  Convention  met  pursuant  to  adjonm-  ; 
men t.  the  President  in  the  chair. 

A  quorum  being  present,  the  Convention  j 
proceeded  to  business. 

The  President  announced  the  following 
as  the  special  committee  to  whom  was  refer-  j 
red  Mr.  Bonhara's  resolution,  and  the  sub-  j 
srirutes  therefor:  Messrs.  Bush.  Boiiham. 
Green.  Strong,  and  Barr. 

Mr.  3JaPvTTX  offered  the  following  resolu- 
tions: 

Resolved.  1.  That  all  persons  now  hold- 
ing, or  who  may  hereafter  hold,  any  real  or 
personal  property  in  trust  for  the  uses  and 
purposes  of  schools,  academies,  colleges,  or; 
other  institutions  of  learning,  or  for  pur- 
poses of  religious  worship,  or  for  charitable 
or  benevolent  objects:  and  all  officers  and  I 
teachers  in  any  institution  of  learning,  and! 
all  ministers,  ordained  or  licensed  preachers,  j 
of  any  religions  denomination,  shall,  within 
thirty  days  after  the  passage  of  this  ordi- 
nance,  and  otherwise  before"  entering  on  the 
duties  of  their  -  several  stations,  take  and] 
subscribe  an  oath  that  they  have  not  at  any 
lame  taken  np  arms  against  the  Government 
of  the  L  nited  States .  or  the  State  of  Missouri.  I 
nor  in  any  manner  given  aid  or  comfort,  by  j 
word.  deed,  writing,  or  otherwise,  to  the 
enemies  of  the  United  States,  or  the  State  of 
^Missouri. 

2 .  All  persons  now  holding  any  of  the 
positions  named  in  the  foregoing  article,  who 
fail  to  take  and  subscribe  the  oath  therein  set  j 
forth .  within  thirty  days,  after  the  passage  of  j 
this  ordinance,  or  who  may  at  any  rime 
have  enrolled  themselves  as 'disloyal,  shall  '■ 
thereafter  cease  to  hold  or  exercise  any  of  j 
the  duties  or  functions  of  these  several  sta- 
tions, and  the  proper  courts  may  fill  the 
vacancies  that  may  be  thus  created  in  any  j 
board  of  trustees. 

3.  Any  person  who  may  be  convicted  ofi 
taking  the  said  oath  falsely .  shall  be  pun- 
ished as  for  perjury .  in  such  manner  as  the 
Legislature  may  prescribe  by  law. 

On  motion .  the   resolutions  were  read  j 
the  second  time  and  ordered  to  be  referred 
to  the  Committee  on  Elective  Franchise . 

Mr.  ZSewgext  presented  the  following 
petition  from  the  loyal  citizens  of  Platte 
county.  Mo. .  which  was  read  for  informa- 
tion, viz: 

To  the  Honorable  the  President  and  members  of] 
the  Convention  of  the  State  of  Missouri : 

The  undersigned,  the  loyal  citizens  of  the 
county  of  Platte,  respectfully  represent  that 
the  courthouse  and  iail  of  "the  said  count  v 
have  been  destroved  bv  fire,  and  the  Coiuitv ) 


Court  of  said  county  desire  soon  to  rebuild 
the  same:  that  the  seat  of  justice  of  the  said 
county  has  been  located  at  Platte  City  for 
more  "than  ten  years,  and  can  not  be  removed 
except  by  the  present  oppressive  and  pro- 
liibitorylaw.  or  by  ordinance  of  your  honor- 
able body:  that  the  loyal  men  of* the  county, 
almost  without  exception,  earnestly  desire 
and  now  petition  for  an  immediate  and  per- 
emptory removal  and  change  of  said  seat  of 
justice/  and  its  permanent  location  in  the 
city  of  Weston. 

The  undersigned  would  further  represent 
that,  in  consequence  of  Platte  City  being 
situated  in  the  interior  of  the  county,  and  in 
the  midst  of  a  population  almost  unanimous 
against  our  national  and  State  governments, 
among  whom  bushwhackers  and  guerrillas 
have  "been  persistently  maintained,  the 
records  of  the  county  are  in  constant  danger 
of  destruction  so  long  as  they  are  kept" in 
said  place,  and  loyal  men  are  in  danger  at 
times  when  going  to  said  place  to  examine 
the  same,  or" to  attend  the  several  courts. 
These  bands  of  guerrillas  have  prevented  the 
sessions  of  our"  courts  at  different  times — 
have  once  arrested  our  Circuit  Judge  when 
attempting  to  hold  court,  and  at  our  last  Ml 
term  it  was  unsafe  and  impracticable  to  hold 
court  without  a  constant  escort  of  the  court 
by  a  large  military  force. 

The  present  law  prohibits  the  loyal  men 
from  removing  the  county  seat,  until  they 
have  paid  the  "disloyalists  "for  then- property 
at  the  present  county  seat:  and  as  we  do  not 
desire  to  reward  these  for  keeping  the  county 
seat  so  long  in  the  hands  of  rebels  and 
traitors,  we" do  not  propose  to  buy  their 
property,  which,  in  most  cases,  if  justice 
were  done,  would  be  forfeited  to  the  Govern- 
ment for  treason. 

TTe  therefore  most  earnestly  pray  your 
honorable  body,  whatever  may  be  your  dis- 
inclination to  this  class  of  business,  to  do 
that  for  us  winch  no  other  body  can  effect- 
ively and  lawfully  do . 

Wes t ox  .  Ja n .  9 .  IS 6 a . 

(Signed  by  90S  names.) 

Mr.  Xewgext  offered  the  following  reso- 
lution, which  was  not  agreed  to : 

Resolved.  That  the  petition  of  the  loyal 
citizens  of  Platte  county  be  referred  to*  a 
select  committee  ot  five,  to  be  appointed  by 
the  President,  with  instructions  to  inquire 
into  the  expediency  of  reporting  an  ordi- 
nance that  will  secure  the  object  sought  by 
said  petitioners. 

Upon  motion,  the  petition  offered  by  Mr. 
Xewgent  was  referred  to  the  Committee  on 
the  Legislative  Department. 

Mr.  Baku  offered  the  following  ordinance, 
which  was  read  the  first  and  second  time, 
and  referred  to  the  Committee  on  the  Judi- 
cial Department : 


44 


AN  ORDINANCE  TO  ABOLISH  CERTAIN  PENAL- 
TIES. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  by  their  Delegates  in  Conoention 
assembled,  as  follows : 

1.  That  all  penalties  and  causes  of  action 
which  may  heretofore  have  accrued  to,  or 
which  may  have  been  incurred  by,  any  per- 
son or  persons,  or  by  any  incorporated  com- 
pany, or  body  corporate,  by  reason  of  the 
violation  of  any  statute  in  relation  to  the 
transportation  of  slaves,  are  hereby  annulled 
and  forever  abolished  ;  and  all  suits  now 
pending  for  the  recovery,  or  enforcement  of 
any  and  every  penalty,  or  cause  of  action, 
are  hereby  declared  to  be  abated. 

Mr.  Budd  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  Committee  on  Printing 
be  instructed  to  cause  200  copies  of  all 
ordinances  or  other  matter  to  be  laid  before 
the  Convention,  instead  of  100  copies,  as 
heretofore  ordered. 

Mr.  Smith  of  Worth  offered  the  following 
resolution: 

Resolved,  That  the  Committee  on  Printing 
cause  to  be  published  4,900  copies  of  the 
Ordinance  of  Emancipation,  as  engrossed, 
with  the  names  of  the  members  of  the  Con- 
vention, and  vote  of  each  member  opposite 
his  name,  upon  its  passage,  duly  certified  by 
the  President  and  Secretary,  for  the  use  of 
the  members  of  this  body. 

Mr.  Owens  moved  to  amend  the  resolution 
by  striking  out  "4,900"  and  inserting 
11 71, 000." 

Mr.  Fletcher  moved  to  lay  the  resolu- 
tion and  amendment  on  the  table . 

Upon  this  motion,  the  ayes  and  noes  were 
demanded,  and  the  vote  being  taken,  stood 
as  follows : 

Ayes  —  Messrs.  Bush,  Davis  of  New 
Madrid,  Drake,  Esther,  Evans,  Fletcher, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Gilbert  of  Platte,  Green,  Harris,  Holland, 
Hume,  King,  Leonard,  Linton,  Martin, 
Morton,  Nixdorf,  Owen,  Rankin,  Rohrer, 
St.  Gem,  Sutton,  Switzler,  Thilenius,  Wil- 
liams of  Caldwell,  and  Williams  of  Scotland 
—29. 

Noes — Messrs.  Barr,  Bedford,  Bonham, 
Budd,  Childress,  Clover,  Cowden,  Davis  of 
Nodaway,  Dodson,  D'Oench,  Ellis.  Filley, 
Folmsbee,  Grammer,  Henderson,  Holcomb, 
Husmann,  McKernan,  McPherson,  Mack, 
Meyer,  Mitchell,  Newgent,  Peck,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Swearin- 
gen,  and  Mr.  President— 29 . 

Absent — Messrs.  Adams,  Bunce,  Foster, 
Gilstrap,  Holdsworth,  Hughes,  and  Weath- 
erby—7 . 

So  the  motion  to  lay  on  the  table  was  lost. 


On  motion,  Mr.  Owens*  amendment  was 
then  rejected. 

The  question  then  being  on  the  adoption 
of  the  resolution  offered  by  Mr.  Smith  of 
Worth,  Mr.  St.  Gem  demanded  the  ayes 
and  noes,  which  being  taken,  the  vote  stood 
as  follows: 

Ayes— Messrs.  Barr,  Bedford,  Bonham, 
Budd,  Childress,  Clover,  Cowden,  Davis  of 
Nodaway,  D'Oench,  Ellis,  Fillev,  Folmsbee, 
Fulkerson,  Grammer,  Henderson,  Holcomb. 
Husmann,  McKernan,  McPherson,  Mack, 
Martin,  Mitchell,  Newgent,  Peck,  Rohrer, 
St.  Gem,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Williams  of  Caldwell,  and 
Mr.  President— 32. 

Noes  — Messrs.  Bush,  Davis  of  New 
Madrid,  Dodson,  Drake,  Esther,  Evans, 
Fletcher,  Gamble  Gilbert  of  Lawrence.  Gil- 
bert of  Platte,  Green.  Harris,  Holland, 
Hume,  King,  Leonard,  Linton,  Morton, 
Nixdorf,  Owens,  Rankin,  Swearing-en, 
Switzler,  Thilenius,  and  Williams  of  Scot- 
land—25. 

Absent — Messrs.  Adams,  Bunce,  Foster. 
Gilstrap,  Holdsworth,  Hughes,  Meyer,  and 
Weatherby-8. 

So  the  resolution,  as  offered  by  Mr.  Smith 
of  Worth,  wras  adopted. 

Mr  .  Mack  offered  the  following  resolution, 
which  was  read  the  first  and  second  time, 
and  referred  to  the  Committee  on  the  Judi- 
cial Department : 

A  RESOLUTION  to  create  courts  of  appeal. 

Resolved,  That  the  Committee  on  the  Ju- 
dicial Department  be  instructed  to  inquire 
into  the  expediency  of  creating  courts  of 
appeal,  said  courts'  to  be  composed  of  the 
judges  of  the  circuit  courts  of  the  State;  the 
State  to  be  divided  into  districts;  each  dis- 
trict to  consist  of  five  judicial  circuits;  the 
judges  of  the  said  circuits  to  be  the  judges  of 
the  said  courts  of  appeal,  who  shall  hear 
and  determine  all  writs  of  error  and  appeal 
from  the  circuit  courts  of  their  districts; 
and  that  writs  of  error  and  appeals  shall 
alone  be  taken  from  said  courts  of  appeal 
to  the  Supreme  Court  of  this  State. 

Mr.  Green  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  regular  hours  for  the 
assembling  of  this  Convention  shall  be  10 
o'clock  a.  m.  ,  and  3  o'clock  v,  m. 

Mr.  Holland  offered  the  following  reso- 
lution : 

Resolved,  That  we  most  heartily  approve 
of  General  Dodge's  General  Order  No.  7, 
believing,  as  we  do,  that  the  only  way  to 
give  to  the  loyal  people  of  Missouri  that 
security  and  protection  to  which  they  are 
justly  entitled,  and  which  alone  can  secure 
the  peace  and  prosperity  of  the  State,  is  to 
hold  the  rebels,  and  their  sympathizers  at 


45 


home,  to  a  rigid  responsibility  and  account- 
ability for  the  outrages  committed  by  their 
friends,  the  bushwhackers  and  rebel  ma- 
rauders .  And  on  behalf  of  the  Union-loving 
people,  we  tender  General  Dodge  our  thanks 
for  the  decided  step  he  has  inaugurated,  and 
pledge  him  a  cheerful  and  cordial  co-opera- 
tion m  carrying  his  order  into  effect  through- 
out the  State. 

Mr.  Newgext  moved  the  adoption  of  the 
resolution,  and  demanded  the  ayes  and  noes 
thereon,  which  being  taken,  the  vote  stood 
as  follows : 

Ayes — Messrs.  Barr,  Bedford,  Bonham, 
Budd,  Bush,  Childress,  Cowden,  Davis  of 
Nodaway.  Dodson,  D'Oench,  Drake,  Ellis, 
Esther,  Evans,  Fletcher.  Folmsbee,  Fulker- 
son,  Gamble,  Gilbert  of  Lawrence,  Gilbert 
of  Platte.  Gilstrap,  Grammer,  Green,  Harris, 
Henderson,  Holcomb,  Holland,  Hume,  Hus- 
mann,  King.  Leonard.  Linton,  McKernan, 
McPherson.  Mack,  Martin,  Mitchell,  Morton, 
Newgent,  Nixdorf,  Owen,  Peck,  Rankin,  j 
Roarer,  St.  Gem,  Smith  of  Mercer,  Smith  I 


of  Worth,    Strong,    Sutton,  Swearingen, 
Switzler,  Thilenius,  Williams  of  Caldwell, 
Williams  of  Scotland,  and  Mr.  President — 55. 
Noes — None . 

Absext — Messrs.  Adams,  Bunce.  Clover. 
Davis  of  New  Madrid,  Filley.  Foster,  Holds- 
worth,  Hughes,  Meyer,  and  Weatherby— 10. 
So  the  resolution  was  unanimously  adopted. 

Mr.  Drake  offered  the  following  resolu- 
tion : 

Resolved.  That  the  President  of  this  Con- 
vention appoint  a  committee  of  three  to  wait 
on  Major  General  Dodge,  and  present  him 
with  a  copv  of  the  resolution  as  offered  by 
Mr.  Holland  this  day,  and  unanimously 
adopted  b}'  this  bod}'. 

The  resolution  was  adopted,  and  the 
President  appointed  Messrs.  Drake,  Hol- 
land, and  Davis  of  Nodaway,  as  said  com- 
mittee . 

On  motion,  the  Convention  adjourned  until 
I  to-morrow  at  10  o'clock. 


NINTH  DAY. 


Convention  met  pursuant  to  adjournment, 
che  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Snead. 

Journal  of  yesterday's  proceedings  read. 

Mr.  Gilbert  of  Lawrence  stated  that  he 
was  not  absent  ,  but  voted  in  the  affirmative 
for  laying  on  the  table  the  resolution  offered 
by  Mr.  Smith  of  Worth,  yesterday,  relative 
to  having  the  Ordinance  of  Emancipation 
printed.  His  vote  was  so  ordered  to  be 
recorded,  and  the  vote  on  that  proposition 
then  stood,  29  affirmative  to  29  negative. 

Journal  of  proceedings  approved . 

Mr.  Drake  called  for  the  regular  order  of 
the  day,  being  the  article  on  Declaration  of 
Rights. 

Upon  motion  of  Mr.  Stroxg,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole  for  the  purpose  of  taking  under  con- 
sideration amendments  to  the  Constitution. 
After  some  time  spent  therein,  the  Presi- 
dent resumed  the  chair,  and  Mr.  Newgext 
reported  that  the  Committee  of  the  Whole 
had,  according  to  order,  had  under  con- 
sideration amendments  to  the  Constitution, 
and  particularly  the  article  on  Declaration 


WEDNESDAY,  Jaxuary  18th,  1865. 

of  Rights,  but  had  come  to  no  resolution 
thereon . 

Mr.  Greex,  Chairman  of  the  Committee 
on  the  Executive  Department,  presented  the 
following  report  and  accompanying  article: 
To  the  President  and  Gentlemen  of  the  Conveyi- 

tion  : 

Your  Committee  on  the  Executive  Depart- 
ment beg  leave  to  submit  herewith  their 
report,  which  has  been  in  all  particulars 
agreed  to  by  the  majority  of  the  committee, 
two  members  of  the  committee  dissenting 
therefrom  only  because  of  the  employment 
of  the  word  •  -  white* '  in  two  sections  of  the 
article.  The  majority  recommend  the  adop- 
tion of  the  article  herewith  reported,  as  a 
part  of  the  Constitution  of  the  State.  It 
will  be  perceived  that  we  have  made  but  few 
alterations  in  the  article  as  it  at  present 
stands  in  the  Constitution,  preferring  to 
adopt  it  as  it  is  in  every  respect,  where  we 
did  not  deem  a  change  necessary. 

All  of  which  is  most  respectfully  sub- 
mitted. M.  P.  GREEN,  Chairman. 

St.  Louis,  January  18,  1865. 

ARTICLE  IV. 

Of  the  Executive  Power. 
Sectiox  1 .  The  supreme  executive  power 
shall  be  vested  in  a  chief  magistrate,  who 


46 


shall  be  styled  "The  Governor  of  the  State 
of  Missouri. ' ' 

Sec.  2.  The  Governor  shall  he  at  least 
thirty-five  years  old,  a  white  male  citizen  of 
the  United  States  ten  years,  and  a  resident  of 
the  State  of  Missouri  seven  years,  next  before 
his  election . 

Sec.  3.  The  Governor  shall  hold  his  office 
four  years,  and  until  a  successor  be  duly 
elected  and  qualified.  At  the  time  and  place 
of  voting  for  members  of  the  House  of  Rep- 
resentatives, the  qualified  electors  shall  vote 
for  a  Governor;  and  when  two  or  more  per- 
sons have  an  equal  number  of  votes,  and  a 
higher  number  than  any  other  person,  the 
el  eel  ion  shall  be  decided 'between  them  by  a 
joint  vote  of  both  houses  of  the  General  As- 
sembly, at  their  next  session. 

Sec.  4.  The  Governor  shall  be  ineligible 
for  the  next  four  years  after  the  expiration  of 
his  term  of  service. 

Sec.  5.  The  Governor  shall  be  com- 
ma nder-in-chief  of  the  militia  and  navy  of 
this  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States ;  but  he 
need  not  command  in  person  unless  advised 
to  do  so  by  a  resolution  of  the  General  As- 
sembly . 

Sec.  6.  The  Governor  shall  have  power 
to  remit  fines  and  forfeitures,  and,  except  in 
cases  of  impeachment,  to  grant  reprieves 
and  pardons.  He  shall  take  care  that  the 
laws  be  distributed  and  faithfully  executed, 
and  shall  be  a  conservator  of  the  peace 
throughout  the  State. 

Sec.  7.  The  Governor  shall,  from  time  to 
time,  give  to  the  General  Assembly  informa- 
tion relative  to  the  state  of  the  government, 
and  shall  recommend  to  their  consideration 
such  measures  as  he  shall  deem  necessary 
and  expedient.  On  extraordinary  occasions 
he  may  convene  the  General  Assembly  by 
proclamation,  and  shall  state  to  them  the 
purposes  for  which  they  are  convened. 

Sec.  8.  When  any' office  shall  become 
vacant,  the  Governor,  unless  otherwise  pro- 
vided by  law,  shall  appoint  a  person  to  fill 
such  vacancy,  who  shall  continue  in  office 
until  a  successor  shall  be  duly  elected  or 
appointed,  and  qualified  according  to  law. 

Sec.  9.  Every  bill  which  shall  have  been 
passed  by  both  houses  of  the  General  Assem- 
bly, before  it  become  a  law,  shall  be  pre- 
sented to  the  Governor  for  his  approba- 
tion. If  he  approve,  he  shall  sign  it;  if 
not,  he  shall  return  it,  with  his  objections, 
to  the  house  in  which  it  shall  have  origina- 
ted; and  the  house  shall  cause  the  objections 
to  be  entered  at  large  on  its  journals,  and 
shall  proceed  to  reconsider  the  bill.  After 
such  reconsideration,  if  a  majority  of  all  the 
members  elected  to  that  house  shall  agree  to 
pass  the  same,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  house,  by  which 
it  shall,  in  like  manner,  be  reconsidered, 
and,  if  approved  by  a  majority  of  all  the 
members  elected  to  that  house,  it  shall 
become  a  law.  In  all  such  cases  the  votes  of 
both  houses  shall  be  taken  by  ayes  and  noes ; 
and  the  names  of  the  members  voting  for  j 


and  against  the  bill  shall  be  entered  on  the 
journals  of  each  house  respectively.  If  any 
bill  shall  not  be  returned  by  the  Governor 
within  ten  days  (  Sundays  excepted  )  after  it 
shall  have  been  presented  to  him,  the  same 
shall  become  a  law  in  like  manner  as  if  the 
Governor  had  signed  it,  unless  the  General 
Assembly,  by  its  adjournment,  shall  prevent 
its  return;  in  which  case  it  shall  not  become 
a  law,  unless  the  Governor,  after  such  ad- 
journment, and  within  ten  days  after  the  bill 
was  presented  to  him  (  Sundays  excepted  ) , 
shall  sign  and  deposit  the  same  in  the  office 
of  the  Secretary  of  State ;  in  which  case  it 
shall  become  a  law,  in  like  manner  as  if  it 
had  been  signed  by  him  during  the  session 
of  the  General  Assembly. 

Sec.  10.  Every  resolution,  to  which  the 
concurrence  of  the  Senate  and  House  of 
Representatives  may  be  necessary,  except  on 
questions  of  adjournment,  and  of  amending 
this  Constitution,  shall  be  presented  to  the 
Governor;  and,  before  the  same  shall  take 
effect,  shall  be  proceeded  upon  in  the  same 
manner  as  in  the  case  of  a  bill . 

Sec.  11.  The  Governor  shall,  at  stated 
times,  receive  for  his  services  an  adequate 
salary,  to  be  fixed  by  law,  which  shall 
neither  be  increased  nor  diminished  during 
his  continuance  in  office. 

Sec.  12.  There  shall  be  a  Lieutenant  Gov- 
ernor, who  shall  be  elected  at  the  same  time, 
in  the  same  manner,  for  the  same  term,  and 
shall  possess  the  same  qualifications  as  the 
Governor. 

Sec.  13.  The  Lieutenant  Governor,  by 
virtue  of  his  office,  shall  be  President  of  the 
Senate.  In  committee  of  the  whole,  he  ma3^ 
debate  on  all  questions;  and  when  there  is 
an  equal  division,  shall  °*ive  the  casting  vote 
in  the  Senate,  and  also  in  joint  vote  of  both 
houses. 

Sec.  14.  When  the  office  of  Governor  shall 
become  vacant,  by  death,  resignation,  ab- 
sence from  the  State,  removal  from  office, 
refusal  to  quality,  impeachment,  or  other- 
wise, the  Lieutenant  Governor,  or  in  case  of 
like  disability  on  his  part,  the  President  of 
the  Senate  pro  ternpore,  or  if  there  be  no 
President  of  the  Senate  pro  tempore,  the 
Speaker  of  the  House  of*  Representatives 
shall  possess  all  the  powers  and  discharge 
all  the  duties  of  Governor,  and  shall  receive 
for  his  services  the  like  compensation,  until 
such  vacancy  be  filled,  or  the  Governor,  so 
absent  or  impeached,  shall  return,  or  be 
acquitted.  And  if  at  any  time  the  President 
of  the  Senate  or  Speaker  of  the  House  of 
Representatives  shall  be  the  acting  Governor, 
another  presiding  officer  shall  be  chosen 
in  his  place  by  tlie  body  over  which  he  pre- 
sides . 

Sec.  15.  Whenever  the  office  of  Governor 
shall  become  vacant  by  death,  resignation, 
removal  from  office,  or  otherwise,  the  Lieu- 
tenant Governor,  or  other  person  exercising 
the  powers  of  Governor  for  the  time  being, 
so  soon  as  may  be,  shall  cause  an  election  to 
be  held  to  fill  such  vacancy,  giving  three 
I  months'  previous  notice  thereof;  and  the 


47 


person  elected  shall  not  thereby  be  rendered 
ineligible  to  the  office  of  Governor  tor  the 
next  succeeding  term .  Nevertheless ,  if  such 
vacancy  shall  happen  within  eighteen  months 
of  the 'end  of  the  term  for  which  the  late 
Governor  shall  have  been  elected,  no  such 
election  shall  be  held  to  till  such  vacancy. 

Sec.  16.  The  Lieutenant  Governor,  or 
President  of  the  Senate  pro  tempore,  while 
presiding  in  the  Senate,  shall  receive  the 
same  compensation  as  shall  be  allowed  to 
the  Speaker  of  the  House  of  Representatives. 

Sec.  17.  There  shall  be  a  Secretary  of 
State,  a  State  Auditor,  a  State  Treasurer, 
and  an  Attorney  General,  who  shall  be 
elected  by  the  qualified  voters  of  the  State  at 
the  same  time,  in  the  same  manner,  and  for 
the  same  term  of  office  as  the  Governor.  Xo 
person  shall  be  eligible  to  either  of  said  offices 
unless  he  be  a  white  male  citizen  of  the 
United  States,  and  at  least  twenty-five  years 
old,  and  shall  have  resided  in  this  State  five 
years  next  before  his  election.  The  Secre- 
tary of  State,  the  Auditor,  the  State  Treas- 
urer, and  the  Attorney  General  shall  keep 
their  respective  offices  at  the  seat  of  Govern- 
ment, and  shall  perform  such  duties  as  may 
be  required  of  them  by  law. 

Sec.  18.  The  returns  of  all  elections  of 
Governor,  Lieutenant  Governor,  and  of  other 
State  officers,  shall  be  made  to  the  Secretary 
of  State,  in  such  manner  as  ma}'  be  pre- 
scribed by  law. 

Sec.  19.  Contested  elections  of  Governor 
and  Lieutenant  Governor  shall  be  decided  by 
joint  vote  of  both  houses  of  the  General  As- 
sembly, in  such  manner  as  may  be  prescribed 
by  law . 

Sec.  20.  Contested  elections  of  Secretary 
of  State,  State  Auditor,  State  Treasurer,  and 
Attorney  General,  shall  be  decided  before 
such  tribunal  and  in  such  manner  as  may  be 
by  law  provided . 

Sec.  21.  The  Secretary  of  State  shall,  as 
often  as  may  be  necessary ,  procure  the  seal 
of  State,  with  such  emblems  and  devices  as 
are  now  established  by  law,  which  shall  not 
be  subject  to  change/  It  shall  be  called  the 
"Great  Seal  of  the  State  of  Missouri;7'  it 
shall  be  kept  by  the  Secretary  of  State ;  and 
all  official  acts  of  the  Governor,  his  appro- 
bation of  the  laws  excepted ,  shall  be  thereby 
authenticated. 

Sec.  22.  The  Secretary  of  State  shall  keep 
a  register  of  the  official  acts  of  the  Governor, 
and,  when  necessary,  shall  attest  them ;  and 
shall  lay  copies  of  the  same,  together  with 
copies  of  all  papers  relating  thereto,  before 
either  house  of  the  General  Assembly,  when- 
ever required  to  do  so . 

Sec.  23.  Xo  money  shall  be  drawn  from 
the  treasury  but  in  pursuance  of  appropria- 
tions made*  by  law;  and  an  accurate  account 
of  the  receipts  and  expenditures  of  the  public 
moneys  shall  be  published  annually,  and  a 
strict  accountability  therefor  enforced. 

Sec.  24.  There/ shall  be  elected,  by  the 
qualified  voters  in  each  county,  at  the' time 
and  places  of  electing  representatives,  a 
sheriff  and  a  coroner.    They  shall  serve  for 


two  years,  and  until  a  successor  be  duly 
elected  and  qualified,  unless  sooner  removed 
for  malfeasance  in  office,  and  shall  be  ineligi- 
ble four  years  in  any  period  of  eight  years. 
Before  entering  on  the  duties  of  their  office, 
they  shall  give  security  in  such  amount  and 
in  such  manner  as  shall  be  prescribed  by  law. 
"Whenever  a  county  shall  be  hereafter  estab- 
lished, the  Governor  shall  appoint  a  sheriff 
and  coroner  therein,  who  shall  continue  in 
office  until  the  next  succeeding  general  elec- 
tion, and  until  a  successor  shall  be  duly 
elected  and  qualified . 

Sec  .  25 .  Whenever  vacancies  happen  in  the 
office  of  sheriff  or  coroner,  the  same  shall  be 
tilled  by  the  county  court,  or  other  tribunal 
charged  with  the  transaction  of  county  busi- 
ness. If  such  vacancy  happen  in  the  office 
of  sheriff  more  than  nine  months  prior  to 
the  time  of  holding  a  general  election,  such 
county  court,  or  other  tribunal  shall  imme- 
diately order  a  special  election  to  fill  the 
same,'  and  the  person  by  it  appointed  shall 
hold  office  until  the  person  chosen  at  such 
election  shall  be  duly  qualified;  otherwise 
the  person  appointed  by  such  county  court, 
or  other  tribunal,  as  aforesaid,  shall  hold 
office  until  the  person  chosen  at  such  general 
election  shall  be  duly  qualified.  If  a  vacancy 
happen  in  the  office  of  coroner,  the  same  shall 
be  tilled,  for  the  remainder  of  the  term,  by 
such  county  court  or  other  tribunal.  Xb 
person  elected  or  appointed  to  fill  a  vacancy 
in  either  of  said  offices  shall,  thereby,  be 
rendered  ineligible  for  the  next  succeeding 
term . 

Sec.  26.  In  all  elections  for  sheriff  and 
coroner,  when  two  or  more  persons  have  an 
equal  number  of  votes,  and  a  higher  number 
than  any  other  person,  the  presiding  judge 
of  the  county  court  of  the  county  shall  oiye 
the  casting  vote;  and  all  contested  elections 
for  the  said  offices  shall  be  decided  by  the 
circuit  court  of  the  proper  county,  in  such 
manner  as  the  General  Assembly  may,  by 
law,  prescribe. 

Sec.  27.  The  Governor  shall  commission 
all  officers  not  otherwise  provided  by  law; 
but  all  such  commissions  shall  run  in  the 
name  and  by  the  authority  of  the  State  of 
Missouri,  be  sealed  with  State  seal,  signed 
by  the  Governor,  and  attested  by  the  Secre- 
tary of  State. 

Mr.  Husmann,  of  the  Committee  on  Ex- 
ecutive Department,  submitted  the  follow- 
ing minority  report: 

The  undersigned,  members  of  the  Com- 
mittee on  Executive,  beg  leave  to  submit  the 
following  minority  report: 

We  cordially  agree  with  the  majority  of 
the  committee*,  in  all  the  propositions  sub- 
mitted by  them  to  your  honorable  body, 
except  in  including  the  single  word  '  'white' ' 
in  sections  2  and  23  of  article  4.  which  we 
wish  to  see  omitted.  In  differing  thus  from 
the  majority  of  the  committee,  we  beg  leave 
to  state  that  we  do  so  not  from  petty  in- 
clination to  cavil  or  strife,  but  because  we 


48 


believe  that  one  all -merciful  God  is  the  Father 
of  all,  and  that,  before  Him,  all  men  are 
equal;  that  we  act  in  accordance  with  His 
will,  a.s  well  as  with  the  dictates  of  our  con- 
science, and  the  views  of  our  constituents, 
by  protesting-  against  any  distinction,  to  be 
made  in  the  organic  law  henceforth  to  govern 
the  free  State  of  Missouri,  between  white, 
black,  red,  or  brown,  but  that  all  are  equal. 
We  hold  that  we  were  not  sent  here  to  pan- 
der to  a  prejudice  which  may  unfortunately 
exist,  but  to  deal  equal  justice  to  all,  with- 
out regard  to  color. 

With  all  due  deference  and  kindly  feeling 
toward  the  views  of  the  other  members  of 
the  committee,  we  beg  leave  to  enter  our 
most  solemn  protest  against  inserting  the 
word  "white"  in  any  of  the  articles  of  the 
new  Constitution  of  our  State,  which  we 
still  hope  and  pray  will  be  a  model  of  justice 
to  all.  We  are  not  afraid  that  a  colored 
citizen  will  ever  be  an  aspirant  to  the  office  of 
Governor,  or  any  other  State  office  ;  but 
should  it  be  so,  should  he — though  sprung 
from  a  race  systematically  kept  in  ignorance 
by  the  tyranny  of  the  white  man — still  be  the 
superior  of  his  white  competitor,  in  qualifi- 
cation or  talent,  we  do  not  wish  that  he 
should  be  barred  out  because,  unfortunately, 
his  skin  was  not  as  white. 
All  of  which  is  respectfully  submitted. 

GEORGE  HUSMANN, 
G.  C.  THILENIUS , 
Members  of  Committee  on  Executive. 


On  motion,  200  copies  of  each  report, 
with  the  accompairying  Article,  were  or- 
dered to  be  printed  for  the  use  of  the  mem- 
bers . 

On  motion,  the  Convention  adjourned  un- 
til 3  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
Mr.  President  in  the  chair. 

A  quorum  being  present,  the  Convention 
proceeded  to  business. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some 
time  spent  therein  the  Vice  President  took 
the  chair,  arid  Mr.  Bon  ham  reported  that 
the  Committee  of  the  Whole  had ,  according 
to  order,  had  under  consideration  amend- 
ments to  the  Constitution,  and  particu- 
larly the  Article  on  Declaration  of  Rights, 
but  had  come  to  no  resolution  thereon . 

On  motion,  the  Convention  adjourned 
until  10  o'clock  to-morrow  morning. 


TENTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Fenton. 

Journal  of  yesterday's  proceedings  read 
by  the  Secretary  and  approved. 

Mr.  Budd  presented  a  petition  from  the 
Rev.  Dr.  Eliot,  praying  for  an  ordinance 
to  establish  certain  qualifications  of  voters  in 
Missouri,  which  was  read  for  information, 
and,  on  motion,  referred  to  the  Committee 
on  Elective  Franchise. 

Mr.  Williams  of  Scotland  presented  five 
petitions  from  the  Loyal  Leagues  of  North 
Missouri,  praying  for  a  change  in  the  judi- 
ciary system  of  Missouri;  one  of  which 
was  read  for  information,  and  they  were,  by 
order,  referred  to  the  Committee  on  Judi- 
ciary. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee   of  the 


THURSDAY,  January  19th,  1865. 

Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Gilstrap  reported  that  the 
Committee  of  the  Whole  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Declaration  of  Rights,  but  had 
come  to  no  resolution  thereon. 

On  motion,  the  Convention  adjourned  until 
3  o'clock  this  afternoon. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

A  quorum  being  present,  the  Convention 
proceeded  to  business. 

On  motion  of  Mr.  Drake,  the  Convention 


49 


resolved  itself  into  a  Committee  of  the 
Whole  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some 
time  spent  therein,  the  President  resumed 
the  chair,  and  Mr.  Budd  reported  that  the 
Committee  of  the  Whole  had.  according  to 

 — 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  the  Rev.  Dr.  Post. 

Mr.  Bcxnham  introduced  the  following 
ordinance  on  the  confiscation  of  rebel  prop- 
erty in  this  State  for  tl*  use  of  the  State; 
also ,  the  following  preamble  and  resolutions : 

ORDINANCE  OF  CONFISCATION. 

Section  1.  All  property,  both  real  and 
personal,  in  this  State,  owned  by  any  person 
or  persons  having  a  wife  or  issue  of  his  own 
body  alive,  who  has,  since  the  commence- 
ment of  the  present  rebellion,  taken  up  arms 
against  the  General  Government,  or  against 
the  Provisional  Government  of  this  State,  or 
who  has  aided  and  abetted  the  enemies 
thereof,  by  furnishing  food  or  raiment,  or 
munitions  of  war  of  any  description  what- 
ever, shall  be  confiscated  to  the  State  of  Mis- 
souri during  the  life-time  of  the  owner 
thereof;  and  the  Legislature  shall  pass  laws 
to  take  possession  of  all  such  property,  and 
dispose  of  the  same  for  the  benefit  of  the 
State. 

Sec.  2.  All  property,  both  real  and  per- 
sonal, owned  in  this  State  by  any  person  or 
persons  having  neither  wife  nor  issue  of  his 
own  body  alive,  who  has.  since  the  present 
rebellion  commenced,  taken  up  arms  against 
the  Government  of  the  United  States,  or 
against  the  Provisional  Government  of  this 
State,  or  who  has  aided  and  abetted  the  ene- 
mies thereof  by  fmmishino-  food  or  raiment 
of  any  kind  or  description  whatever,  is 
hereby  confiscated  to  this  State  forever ;  and 
the  Legislature  shall  pass  laws  to  take  pos- 
session of  all  such  property,  and  sell  or  dis- 
pose of  the  same  for  the  benefit  of  the  State . 

Sec.  3.  All  property,  both  real  and  per- 
sonal, owned  by  any  person  or  persons  in 
this  State  who  shall  hereafter  take  up  arms 
against  the  Government  of  the  United  States, 
or  against  the  Government  of  the  State  of 
Missouri,  or  who  shall  hereafter  aid  or  abet 
the  enemies  thereof  in  any  manner  or  form , 
directly  or  indirectly,  or  who  shall  hereafter 
refuse  to  aid  either  government  aforesaid  in 
repelling  invasion  or  suppressing  rebellion, 


order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Declaration  of  Eights ,  but  had 
come  to  no  resolution  thereon. 

On  motion,  the  Convention  adjourned 
until  to-morrow  morning  at  10  o-clock. 


D  A.  Y. 


FRIDAY,  January  20th,  1865. 

shall  be  confiscated  and  forfeited  to  this  State 
forever,  and  shall  be  disposed  ot  by  the 
Legislature  for  the  benefit  of  the  State. 

Sec.  4.  The  net  proceeds  of  all  property 
mentioned  in  this  article  shall  inure  to  the 
benefit  of  education,  and  shall  be  applied  to 
the  support  of  schools,  and  be  used  for  no 
other  purpose  whatever. 

Sec.  5.  This  ordinance  shall  not  be  of 
force  until  the  Congress  of  the  United  States 
shall  approve  of  the  same,  by  joint  resolu- 
tion, or  otherwise. 


Whereas,  A  large  number  of  wealthy  citi- 
zens of  this  State,  since  the  commencement 
of  the  present  rebellion,  have  levied  war  and 
taken  up  arms  against  the  Government  of 
the  United  States  and  the  Provisional  Gov- 
ernment bf  this  State,  thereby  denational- 
izing themselves  by  their  own  voluntary  act, 
and  by  which  they  have  forfeited  all' their 
rights  under  the  Constitution  and  laws  of  the 
United  States,  and  also  under  the  Constitu- 
tion and  laws  of  Missouri;  and 

Whereas,  Through  the  fiendish  acts  of 
disloyal  persons,  Missouri  has  been  brought 
to  the  verge  of  ruin,  her  loyal  citizens  have 
been  tortured,  mobbed  and  "slain  in  the  most 
barbarous  manner,  because  they  dared  to 
maintain  and  defend  our  National  Govern- 
ment; their  houses  have  been  sacked  and 
burned,  until  Missouri  has  become  one  vast 
desolation,  where  rebels  could  gain  afoot- 
hold;  and 

Whereas,  This  Convention  believes  that 
our  National  Government  is  willing  to  do 
justice  to  all  States  that  have  been  loyal  to 
our  national  flag ;  and  this  Convention  further 
believes  that  our  Government  has  the  ri^ht 
to  confiscate  rebel  property;  but,  in  justice 
to  our  depopulated  State  and  financial  condi- 
tion, and  in  justice  to  the  loyal  people  of 
Missouri,  her  Legislature  should  have  the 
control  and  benefit  of  rebel  property  confis- 
cated during  the  life-time  of  the  owner 
thereof,  who  has  a  wife  or  issue  of  his  own 
body  alive ;  and  this  Convention  further  be- 
lieves that  property  confiscated,  owned  by 
disloyal  persons  having  neither  wife  nor  issue 


ELEVENTH 


50 


of  his  own  body  alive,  justly  belongs  to  the 
State  of  Missouri  forever;  and 

Whereas  ,  This  Convention  does  not  intend 
to  do  any  act  conflicting  with  existing  laws 
of  Cougress  on  the  subject  of  the  confiscat- 
ing of  property  belonging  to  disloyal  persons 
of  Mis&ouri:  be  it  therefore 

Resolved  by  this  Convention,  That  our  hon- 
orable Senators  and  members  of  the  House 
of  Representatives  in  Congress  are  requested 
to  use  all  honorable  means  to  procure  the 
passage  of  joint  resolutions  by  Congress, 
releasing  to  the  State  of  Missouri*  all  property 
owned  in  this  State  which  has  been  confis- 
cated to  the  United  States  in  pursuance  of 
laws  passed  by  Congress  relative  to  the  con- 
fiscation of  property  owned  by  disloyal  per- 
sons, and  that  the  proceeds  of  said  property 
be  applied  to  the  objects  set  forth  in  an  article 
for  the  confiscation  of  property,  passed  by 
this  Convention. 

Resolved,  That  an  authenticated  copy  of 
these  resolutions,  accompanied  by  an  authen- 
ticated copy  of  an  ordinance  for  the  confisca- 
tion of  property,  passed  by  this  Convention, 
be  forwarded,  by  the  Secretary  of  this  Con- 
vention, to  the  President  and  Vice  President 
of  the  United  States,  one  copy  to  the  Speaker 
of  the  House  of  Representatives  in  Congress, 
and  one  copy  to  each  of  our  Senators  and 
members  in  Congress  from  this  State. 

Mr.  Bonham  moved  that  the  President  ap- 
point a  special  committee  of  seven  to  take 
said  ordinance  and  resolutions  under  consid- 
eration, and  to  report  by  ordinance,  or 
otherwise;  Avhich  motion  was  agreed  to. 

Mr.  Strong  introduced  a  communication 
concerning  rebel  property  in  Lexington ,  La- 
fayette county,  Missouri,  and  asked  that  it 
be  referred  to  the  same  special  committee 
that  take  under  consideration  the  ordinance 
and  resolution  offered  by  Mr.  Bonham;  and 
the  communication  was  ordered  to  be  so 
referred. 


On  motion  of  Mr.  Drake,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Leonard  reported  that  the 
Committee  of  the  Whole  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Declaration  of  Rights,  but  had 
come  to  no  resolution  thereon . 

On  motion  of  Mr.  St.  Gem,  the  Con- 
vention adjourned  im til  3  o'clock  P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Mitchell  presented  a  petition  from 
the  Loyal  League  of  North  Missouri,  which 
was  read  and  referred  to  the  Committee  on 
the  Judiciary. 

On  motion  of  Mr.  Drake,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Hume  reported  that  the  Com- 
mittee of  the  Whole  had,  according  to  order, 
had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
Declaration  of  Rights,  but  had  come  to  no 
resolution  thereon. 

On  motion  of  Mr.  St.  Gem,  leave  of  ab- 
sence was  granted  to  Mr.  Fletcher. 

On  motion  of  Mr.  Owens,  the  Conven- 
tion adjourned  until  to-morrow  morning  at 
10  o'clock. 


TWELFTH  Di.1 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Niccolls. 

A  communication  and  abstract  received 
from  Hon.  Francis  Rodman,  Secretary  of 
State,  was  read  for  information. 

On  motion  of  Mr.  Drake,  the  commu- 
nication and  enclosed  abstract  were  ordered 
to  be  spread  upon  the  journal  of  the  Conven- 
tion .    They  are  as  tollows : 


SATURDAY,  January  21st,  1865. 

Office  Secretary  of  State  ,  Missouri,  \ 
City  of  Jefferson,  January  19,  1865.  / 
Hon.  A.  Krekel,  President  of  the  State  Con- 
vention, St.  Louis,  Mo.  : 
Sir — In  obedience  to  a  resolution  adopted 
by  the  State  Convention,  I  have  the  honor  to 
submit  the  enclosed  abstract  of  votes  cast 
in  the  several  counties  of  the  State  at  the  last 
November  election  ' '  for  ' '  and  4  4  against ' ' 
a  "State  Convention,''  as  returned  to  this 
office.    A  number  of  counties  did  not  make 
any  return  at  all,  while  others  in  their  re- 


51 


turns  only  quoted  the  name  of  the  persons 
elected  to  the  Convention,  without  giving 
the  number  of  votes  cast  either  4 '  for  ' '  or 
' '  against. ' '  The  Fifteenth  Senatorial  Dis- 
trict', composed  out  of  the  counties  Johnson, 
Henry,  Benton  and  St.  Clair,  returned  the 
vote  *  4  for  ' '  and  * '  against  "  a  "  State  Con- 
vention," as  cast  in  the  whole  Senatorial 
District,  consequently  I  am  not  able  to  fur- 
nish  the  vote  of  these  counties  separately. 

I  have  the  honor  to  be,  very  respectfully, 
your  obedient  servant, 

FRANCIS  RODMAN,  Sec'y  of  State. 

Abstract  of  the  votes  cast  "for"  and  '-against"  a 
"State  Convention,"  at  the  November  election,  A. 
A.  1864,  of  the  State  of  Missouri: 


0  ^ 

tr. 
•-1  c 

L cunt  los 

Co  unt  i  e  s 

0 

S| 

rj 

124 

38 

682 

107 

Livingston.. .. 

355 

446 

625 

26 

128 

398 

13;Jl 

10 

20 

AT  3.di  son 

219 

58 

27 

Al  ctri  0  n*  •••»•*  ■ 

9  3 

461 

Barton  .... 

Maries 

112 

128 

Benton* .. . 

959 

128 

25 

Miller 

404 

?00?e 

174 

839 

3r£ is^issippi  .•• 

39 

251 

Buchanan • 

1771 

763 

Al OHl 1 8 till  •  •  •  •  • 

678 

410 

5Q,'|e'  ,",**" 

105 

635 

412 

Al  0  u  tcco  hkm  y  •  • 

492 

227 

Callaway.  • 

203 

970 

AX  Orwell  11  ••••••• 

214 

235 

439 

g 

Atw  AI a cir id •  •  • 

44 

97 

u . .  948 

497 

SeTton '. 

55 

Carroll 

212 

79 

740 

"  h 

Qregon  

66 

104 

586 

656 

295 

JvSa^ 
j/'dr  ,"' 

O  o  a  r  1 1  o  n . , . . 

337 

x  ennscot. .  • . . . 

Ph  ri  «t  t  >n 
UUI  1  >  1 1  a  11 . .  . 

306 

Clarke  - . . .  • 

393 

100 

p^fj^. 

718 

360 

C\  Q  XT 

179 

77  g 

Phelps 

70 

977 

Pike 

1 r  64 

910 

1 069 

478 

Platte 

378 

go  9 

627 

414 

Polk 

616 

69 

Cr  awford" " " 

377 

274 

Pulaski 

Dade 

399 

Putu  illU  

24*1 

2  04 

283 

3u7 

315 

180 

Kay  

..  .  108 

Reynolds  

Dodge  

Ripley   

2 

St.  Charles.... 

I486 

360 

Dunklin . . . 

223 

1617 

327 

St.  Francois.. 

137 

*62 

Gasconade. 

120 

St.  Genevieve. 

339 

182 

Gentry  

St.  Louis  

13322 

7263 

Green  

...  1651 

302 

177 

64 

,  .  643 

26 

329 

194 

Harrison... 

...  1130 

187 

Scotland  

578 

523 

Henry*  

160 

142 

'. '. .  273 

1 

Shannon   

Holt  

...  525 

75 

360 

219 

...  308 

5 

Stoddard  

Howell  

92 

471 

697 

144 

...  601 

486 

Taney  

5 

12 

Texas   

"3 

22S 

Vernon  

Johnson*  . . 

Warren  

897 

26  i 

...  686 

339 

Washington. .. 

441 

264 

Laclede 

...  142 

44 

95 

14 

402 

Webster  

318 

186 

42 

184 

84 

Lewis  

. . .  765 

541 

5 

61 

345 

*  Aggregate  vote  of 

Fifteenth  Senatorial 

District,  composed  of  the  counties  ct  John- 

son, Henry, 

1834 

470 

56;41S  26;832 


Office  Secretary  of  State,  \ 
City  of  Jefferson,  Mo.,  Dec.  19,  1865.  j 

I,  Francis  Rodman,  Secretary  of  the  State 
of  Missouri,  do  hereby  certify  that  the  above 
and  foregoing  is  a  true  and  correct  abstract 
of  votes  polled  '  'for' '  and  '  'against' '  a  State 
Convention,  at  the  election  held  on  the  8th 
day  of  November,  A.  D.  1864,  as  returned 
and  now  on  file  in  this  office. 

In  testimony  whereof  I  have  hereunto 
rT   „  -|  set  my  hand  and  affixed  the  seal  ot  my 

'       office,  the  day  and  year  above  written. 
FRANCIS  RODMAN, 

Secretary  of  State. 

The  following  Special  Committee  on  Con- 
fiscation was  announced,  viz. :  Messrs.  Bon- 
ham,  Owens,  Mack,  Folmsbee,  Gilbert  of 
Platte,  Holland,  andDodson. 

On  motion  of  Mr.  Drake,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Mitchell  reported  that  the 
Committee  of  the  Whole  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Declaration  of  Rights,  but  had 
come  to  no  resolution  thereon. 

On  motion  of  Mr.  Davis  of  Nodaway, 
the  Convention  adjourned  until  3  o'clock 
P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  consideration  of  amendments  te 
the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  char,  and 
Mr.  Folmsbee  reported  that  the  Commit- 
tee of  the  Whole  had,  according  to  order, 
had  under  consideration  amendments  to  the 
Constitution ,  and  particularly  the  article  on 
Declaration  of  Rights,  but  had  come  to  no 
resolution  thereon. 

Mr.  Meyer,  Chairman  of  committee  to 
employ  suitable  persons  to  report  the  pro- 
ceedings of  this  Convention,  presented  the 
following  supplementary  report: 

The  Committee  to  employ  a  suitable  per- 
son to  report  the  proceedings  and  debates  of 
this  Convention,  beg  leave  to  make  a  supple- 
mentary report,  and  would  recommend  that 
Mr.  L.  L.  Walbridge,  the  reporter  of  the 


52 


Convention,  be  authorized  to  employ  such 
assistance  as  he  may  require,  and  that  in 
compensation  therefor  he  shall  be  allowed 
seventy  dollars  (  $70  )  per  week  for  the  time 
he  is  actually  engaged  in  writing  out  the 
debates,  revising  and  preparing  the  same  for 
the  press,  after  the  adjournment  of  the  Con- 
vention, and  that  the"  Committee  to  employ 
the  reporter  be  authorized  to  audit  his 
account. 

On  motion  of  Mr.  Strong,  the  report  was 
received  and  adopted . 

Mr.  Williams  of  Caldwell  asked  leave  of 
absence  for  two  days,  which  was  granted. 

Mr.  Holland  gave  notice  that  he  would 
introduce  the  following  additional  rule  on 
Monday : 


Rule  — .  The  rules  of  proceedings  in  the 
Convention  shall  be  observed  in  Committee 
of  the  Whole  so  far  as  they  be  applicable, 
and  no  member  shall  speak  twice  to  any 
question  until  every  member  choosing  to 
speak,  shall  have  spoken. 

Which  was  read,  and  laid  over  under  the 
rule  governing  the  Convention . 

Mr.  Filley  rose  to  a  privileged  question, 
and  gave  an  explanation  as  regards  the 
amount  of  expenses,  up  to  date,  that  have 
been  incurred  by  the  Committee  on  Printing, 
for  the  Convention. 

On  motion  of  Mr.  Drake,  the  Convention 
adjourned  till  next  Monday  morning,  at  10 
o '  clock . 


THIETEENTH  D^Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  G.  Anderson. 

The  rule  proposed  by  Mr.  Holland,  on 
Saturday,  limiting  debate  in  Committee  of 
the  Whole,  was  read  a  second  time. 

Mr.  Budd  offered  the  following  amend- 
ment to  the  rule  as  proposed : 

Provided,  When  a  report  of  a  committee 
is  under  consideration,  the  chairman  of  such 
committee  shall  be  privileged  to  speak  as 
often  as  he  may  deem  expedient. 

Mr.  Holland  accepted  the  amendment. 

The  question  then  being  on  the  adoption  of 
the  rule  as  amended,  it  was  rejected. 

Mr.  Strong  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  Dr.  W.  G.  Eliot  be  re- 
quested to  deliver  an  address  in  this  hall  on 
Tuesday  evening,  the  24th  instant,  at  1\ 
o'clock,  on  ihe  subject  of  "Education,  as 
connected  with  the  Right  of  Suffrage. ' ' 

Mr.  Green  asked  leave  of  absence  for  Mr. 
Clover,  which  was  granted. 

Mr.  Weatherby  asked  leave  of  absence 
for  Mr.  Smith  of  Worth,  which  was  granted. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  the  consideration  of  amendments 
to  the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair,  and 


MONDAY,  January  23d,  1865. 

Mr.  Holcomb  reported  that  the  committee 
had,  according  to  order,  had  under  consid- 
eration amendments  to  the  Constitution, 
and  particularly  the  article  on  Declaration 
of  Rights,  but  had  come  to  no  resolution 
thereon. 

On  motion  of  Mr.  Bonham,  the  Convention 
adjourned  until  3  o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
to  resume  the  consideration  of  amendments 
to  the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair, 
and  Mr.  Esther  reported  that  the  committee 
had,  according  to  order,  had  under  consid- 
eration amendments  to  the  Constitution, 
and  particularly  the  article  on  Declaration 
of  Rights,  but  had  come  to  no  resolution 
thereon. 

On  motion  of  Mr.  Martin,  leave  of  ab- 
sence was  granted  to  Mr.  Adams. 

On  motion  of  Mr.  D'Oench,  the  Conven- 
tion adjourned  until  to-morrow  morning  at 
10  o'clock. 


53 


FOUETEENTH  DAT. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Cole. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President 
resumed  the  chair,  and  Mr.  St.  Gem  re- 
ported that  the  Committee  of  the  "Whole 
had.  according-  to  order,  had  under  con- 
sideration amendments  to  the  Constitution, 
and  particularly  the  article  on  Declaration 
of  Eights,  but  had  come  to  no  resolution 
thereon . 

On  motion  of  Mr.  Boxham,  the  Conven- 
tion adjourned  until  3  o'clock  P.  M. 

AFTERXOOX  SESSIOX. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 
The  President  caused  to  be  read  a  petition 


TUESDAY.  January  24th,  1865. 

from  the  soldiers  of  the  56th  regiment  Mis- 
souri volunteers  (colored),  praying  the  Con- 
vention to  extend  to  colored  soldiers  the 
right  of  suffrage . 

On  motion  of  Mr.  Strong,  the  petition 
was  referred  to  the  Committee  on  Elective 
Franchise. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  McPhersox  reported  that 
the  Committee  had,  according  to  order,  had 
under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
Declaration  of  Rights,  but  had  come  to  no 
resolution  thereon. 

On  motion  of  Mr.  Folmsbee.  the  Conven- 
tion adjourned  until  10  o'clock  to-morrow 
inorning. 


FIFTEENTH'  D  A.Y. 


Convention  met  pursuant  to  adjournment 
rhe  President  in  the  chair. 

Prayer  by  Rev .  Dr .  Schuyler . 

Mr.  Husmann  offered  the  following  reso 
lution,  which  was  adopted: 

Resolved.  That  the  thanks  of  this  Conven 
tion  are  due.  and  are  hereby  tendered,  to  the 
Rev.  Mr.  Eliot,  for  the  eloquent  and  able 
address  on  education,  connected  with  the 
elective  franchise,  delivered  here  last  night . 

On  motion  of  Mi*.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
"NVhole.  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Husmann  reported  that  the 
Committee  had,  according  to  order,  had 
under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
Declaration  of  Rights,  but  had  come  to  no 
resolution  thereon. 


WEDXESDAY.  January  25th.  1865. 

On  motion  of  Mr.  Boxham.  the  Conven- 
tion adjourned  unti  3  o'clock  P.  M. 

AFTERXOOX  SESSIOX. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Davis  of  Xodaway  reported 
that  the  Committee  had.  according  to  order, 
had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
Declaration  of  Rights,  but  had  come  to  no 
resolution  thereon. 

On  motion  of  Mr.  Mack,  the  Conven- 
tion adjourned  until  10  o'clock  to-morrow 
morning. 


SIXTEENTH  DA.Y. 

THURSDAY,  January  26th,  1865. 


tivention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  A.  A.  Kendrick. 

The  President  appointed  the  following 
gentlemen  as  a  Committee  on  Revision  under 
the  rule,  viz. :  Messrs.  Drake,  Evans,  Bush, 
Ellis,  and  Strong. 

Mr.  G amble  asked  and  obtained  leave  of 
absence  for  Mr.  Martin. 

Mr.  Bonham  offered  the  following  pre- 
ara  Le  and  ordinance  relative  to  the  Atchi- 
son and  St.  Joseph,  and  Atchison  and 
Weston,  and  the  Platte  Country  railroads, 
which  was  read  the  first  and  second  time, 
and,  on  motion  of  Mr.  Budd,  referred  to 
the  Committee  on  Finance: 

Whereas,  In  the  year  ,  the  Legisla- 
ture of  this  State  incorporated  the  St.  Joseph 
and  Atchison  railroad  companies,  and  in 

the  year   ,  the  Legislature  incorporated 

the  Atchison  and  Weston  Railroad  Com- 
pany; and,  whereas,  said  companies  com- 
pleted a  part  of  the  road  bed,  or  grade,  to 
each  of  said  roads;  and,  whereas,  the  Legis- 
lature, in  the  year  ,  incorporated  ""the 

Platte  Country  Railroad  Company,  and 
authorized  the  issuing  of  seven  hundred 
thousand  dollars  in  State  bonds,  to  aid  in 
the  construction  of  said  road,  both  south  and 
north  of  St.  Joseph;  and,  whereas,  the 
companies  of  the  two  former  roads  did  trans- 
fer ail  their  rights  and  franchises  of  said 
roads,  together  with  the  road  beds  already 
constructed,  to  the  Platte  Country  Railroad 
Company;  and,  whereas,  the  Platte  Coun- 
try Railroad  Company  took  possession  of 
said  road  beds,  and,  with  the  bonds  issued 
by  the  State,  completed  said  roads  from  St. 
Joseph  to  Atchison  and  Weston  ;  and, 
whereas,  the  Platte  Country  Railroad  Com- 
pany forfeited  the  right  to'  said  road  by  the 
non-performance  of  the  contract  with  the 
State,  in  the  neglect  and  refusal  of  said  com- 
pany to  pay  the  interest  on  the  State  bonds; 
and,  whereas,  the  State  sold  said  road,  in 
September  last,  under  the  mortgage  lien  of 
the  State,  and  the  State  became  the  pur- 
chaser thereof;  and,  xohereas,  the  Platte 
Country  Railroad  Company,  after  having 
complete  authority  over,  and  did  control, 
said  road,  and  receiving  the  earnings  of  the 
same  for  four  years,  claim,  together  with 
the  other  two  companies,  that  the  transfer 
of  the  franchises  and  road  beds  to  said  Platte 
Country  Railroad  Company  was  illegal  and 
void  ;  therefore, 


Be  it  ordained,  by  the  People  of  the  State  of  Mis- 
souri, in  Convention  assembled: 
Section  1.  That  all  foreclosures  of  liens 
against  railroad  companies  wherein  State 
bonds  have  been  issued  to  aid  the  same,  and 
the  State  becomes  the  purchaser  on  the  sale 
of  foreclosure  of  mortgage,  the  State  shall 
take,  hold,  and  retain  the  possession  of  the 
same,  until  a  sale  of  such  road  can  be  effected 
by  the  State. 

'  Sec  .  2 .  That  the  transfer  of  the  St .  Joseph 
and  Atchison  Railroad  Companies'  franchises 
and  road  bed,  and  also  the  transfer  of  the 
Atchison  and  Weston  Railroad  franchises 
and  road  bed,  to  the  Platte  Country  Railroad 
Company,  is  hereby  declared  to  be  legal  and 
binding  upon  each  company,  respectively, 
and  the  charters  of  all  three  of  said  compa- 
nies are  hereby  declared  to  be  forfeited ;  and 
the  Legislature  is  hereby  prohibited  from 
compromising  with  either  or  all  of  said  com- 
panies, unless  the  said  company  or  compa- 
nies pay  to  said  State,  in  Missouri  Railroad 
Bonds,  or  otherwise,  the  amount  due  the 
State  as  interest  on  said  bonds,  and  in  addi- 
tion thereto,  said  company  or  companies 
shall  deliver  to  the  State  one  year's  interest 
on  the  seven  hundred  thousand  dollars  due 
the  State,  in  advance,  and  thereafter,  one 
year's  interest  shall  be  paid  in  advance, 
annualty. 

Mr.  Williams  of  Caldwell  offered  a  pre- 
amble and  resolutions  relative  to  the  present 
draft,  praying  to  have  the  same  stopped. 

Mr.  Mack  moved  that  the  matter  be 
referred  to  the  Committee  on  Militia,  which 
motion  was  disagreed  to . 

Mr,  Holland  moved  to  refer  it  to  a  special 
committee  of  three . 

Pending  which,  Mr.  Williams  of  Cald- 
well moved  to  amend  the  motion  of  Mr. 
Holland,  by  requiring  said  committee  to 
report  by  Saturday  morning  next,  at  10 
o'clock,  which  amendment  was  adopted. 

The  motion,  as  amended,  was  then 
adopted . 

The  President  appointed  the  following 
gentlemen  as  a  special  committee,  to  take 
under  consideration  the  resolutions  of  Mr. 
Williams  of  Caldwell,  viz:  Messrs.  Wil- 
liams of  Caldwell,  Holland,  and  Smith  of 
Worth. 

Mr.  St.  Gem  offered  the  following  resolu- 
tion, which  was  referred  to  the  Committee 
I  on  Legislative  Department: 


55 


Resolved,  That  all  married  women  who  are 
residents  of  the  United  States,  and  who  are 
loyal  to  the  Government  thereof,  have  the 
right  to  hold  property  in  their  own  name, 
both  real  and  personal,  independent  of  their 
husbands,  and  have  the  right  to  contract  and 
be  contracted  with,  independently  of  their 
said  husbands. 

On  motion  of  Mr.  Budd,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole 
to  resume  consideration  of  amendments  to 
the  Constitution.  After  some  time  spent, 
therein,  the  President  resumed  the  chair, 
and  Mr.  Foster  reported  that  the  committee 
had,  according  to  order,  had  under  con- 
sideration amendments  to  the  Constitution, 
and  particularly  the  article  on  Declaration 
of  Eights,  but  had  come  to  no  resolution 
thereon. 

On  motion  of  Mr.  Davis  of  Nodaway, 
the  Convention  adjourned  until  3  o'clock 
P.  31. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Gilstrap  asked  leave  of  absence  for 
Mr.  Green,  which  was  granted. 

Mr.  Davis  of  New  Madrid  asked  leave  of 
absence  for  Mr.  Bedford,  which  was  granted 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Weatherby  reported,  that 
the  Committee  had,  according  to  orders ,  had 
under  consideration  amendments  to  the  Con- 
stitution .  and  particularly  the  article  on  De- 
claration of  Rights,  and  had  instructed  him 
to  report  the  same  back,  with  sundry 
amendments. 

Mr.  Fletcher  asked  leave  of  absence  for 
Mr.  Owens,  which,  was  granted. 

On  motion  of  Mr.  Fletcher,  the  Conven- 
tion adjourned  until  10  o'clock  to-morrow 
morning. 


SEVENTEENTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Dr.  B.  F.  Crery. 

The  preamble  and  resolutions  relative  to 
the  taxation  of 'foreigners  and  aliens,  pre- 
sented by  Mr.  Meyer,  and  heretofore  referred 
to  the  Committee  on  Elective  Franchise  ,  and 
by  them  reported  back,  was.  on  motion  of 
Mr.  Bonham,  taken  from  the  file,  and 
referred  to  the  Committee  on  Finance. 

The  Convention  then  took  up  the  Declara- 
tion of  Rights;  the  pending  question  being 
on  the  amendments  reported  back  from  the 
Committee  of  the  Whole  to  the  Convention, 
and,  upon  which  the  main  question  was 
ordered  to  be  put. 

The  first  amendment  having  been  read,  as 
follow  s : 

Section  3,  ( printed  bill ) ,  insert  after  the 
word  "contract"  the  words  ••otherwise 
than  as  others  are  disabled.  * ' 

The  question  was  put,  4  'Will  the  Conven- 


FRIDAY,  January  27th,  1865. 

tion  agree  thereto'?-'  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  first  amendment  was  adopted. 

The  second  amendment  having  been  read, 
as  follows : 

Section  7,  second  line,  strike  out  the 
words  "is  not  bound  by  any,"  and  insert 
in  lieu  thereof  the  words  "that  no,"  and 
add  at  the  end  of  said  section  the  words 
•  -  ran  have  any  binding  force, ' ' 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  second  amendment  was  adopted. 

The  third  amendment  having  been  read,  as 
follows : 

Section  9.  fourth  line,  after  the  word 
"State"  the  words  ••nor  be  disqualified 
from  testifying. ' ' 

The  question  was  put,  4  'Will  the  Conven- 
tion agree  thereto '? ' '  and  it  was  decided  in 
|  the  affirmative,  without  a  division. 
I    So  the  third  amendment  was  adopted. 


50 


The  fourth  amendment  having"  been  read, 
as  follows: 

Section  11,  insert  after  the  word  "any" 
the  word  '  'church, ' ' 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  fourth  amendment  was  adopted. 

The  fifth  amendment  having  been  read,  as 
follows : 

Section  12,  third  line,  insert  after  the  word 
'  'any"  the  words  "church  or,  " 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative ,  without  a  division . 

So  the  fifth  amendment  was  adopted. 

The  sixth  amendment  having  been  read,  as 
follows: 

Section  12.  fourth  line,  strike  out  the  word 
"  suitable,  "  and  insert  the  word  '  'required," 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  sixth  amendment  was  adopted. 

The  seventh  amendment  having  been  read, 
as  follows : 

Section  13,  eleventh  line,  strike  out  the 
word  "a"  and  insert  "an  incorporated 
church, ' ' 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  seventh  amendment  was  adopted. 

The  eighth  amendment  having'  been  read , 
as  follows : 

Section  13,  ninth  and  tenth  lines,  strike 
out  the  words  "without  the  prior  or  subse- 
quent sanction  of  the  General  Assembly, ' ' 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  eighth  amendment  was  adopted. 

The  ninth  amendment  having  been  read, 
as  follows : 

Section  13,  eleventh  line,  after  the  word 
"congregation,"  insert  the  words  "or  to 
any  person  or  persons,  in  trust,  for  the  use 
of  a  church,  religious  society,  or  congrega- 
tion, whether  incorporated  or  not, ' ' 

The  question  was  put,  4  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative ,  without  a  division . 

So  the  ninth  amendment  was  adopted. 


The  tenth  amendment  having*  been  read,  | 
as  follows : 

Section  14,  strike  out  the  word  "shall"  j 
and  insert  the  words  '  'ought  to,  " 

The  question  was  put,  '  'Will  the  Conven-  j 
tion  agree  thereto?"  and  it  was  decided  in  j 
the  affirmative,  without  a  division. 

So  the  tenth  amendment  was  adopted. 

The  eleventh  amendment  having  been  read, 
as  follows : 

Section  17,  strike  out  all  after  the  word 
'  'inviolate, ' ' 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  eleventh  amendment  was  adopted. 

The  twelfth  amendment  having  been  read, 
as  follows : 

Section  18.  fifth  line,  strike  out  the  words 
'  'of  the  vicinage, ' ' 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  twelfth  amendment  was  adopted. 

The  thirteenth  amendment  having  been 
read,  as  follows: 

Section  26,  strike  out  the  words  "or  for- 
feiture of  estate, ' '  and  insert  in  lieu  thereof 
the  words  ' '  that  there  can  be  no  forfeiture 
of  estate  for  any  crime  except  treason, ' ' 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  thirteenth  amendment  was  adopted. 

The  fourteenth  amendment  having  been 
read,  as  follows: 

Strike  out  all  of  section  30, 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  fourteenth  amendment  was  adopted. 

The  fifteenth  amendment  having  been  read , 
as  follows : 

Section  31,  strike  out  the  word  "shall," 
and  insert  in  lieu  thereof  the  words  ' '  ought 
to," 

The  question  was  put,  '  'Will  the  Conven- 
tion agree  thereto?"  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  fifteenth  amendment  was  adopted . 

The  sixteenth  amendment  having  been 
read,  as  follows: 

Section  32,  strike  out  the  word  "shall," 
after  the  word  "distinction,"  and  insert  in 
lieu  thereof  the  word  '  'can, ' ' 


57 


The  question  was  put.  •  -  Will  the  Conven-  : 
tion  agree  thereto'?"  and  it  was  decided  in! 
|  the  affirmative,  without  a  division. 

So  the  sixteenth  amendment  was  adopted. 

The  seventeenth  amendment  having  been 
I  read,  as  follows: 

Section  32,  strike  out  ah\after  the  word 
'  'granted. 

The  question  was  put,  1  'Will  the  Conven- 
tion agree  thereto?"'  and  it  was  decided  in 
the  affirmative,  without  a  division. 

So  the  seventeenth  amendment  wa- 
adopted . 

The  eighteenth  amendment  having  been 
read,  as  follows: 

Section  33.  first  line,  strike  out  rhe  word  j 
'  'shall. ' 1  and  insert  in  lieu  thereof  the  words 
1  "ought  to, " 

The  question  was  put.  '  -  Will  the  Conven- 
tion agree  thereto?"'  and  it  was  decided  in 
the  affirmative,  without  a  division. 
So  the  eighteenth  amendment  was  adopted,  j 
On  motion  of  Mr.  Drake,  the  further  con- 
|  sideration  of  the  Declaration  of  Rights  was 
postponed,  in  order  to  have  the  same  print-  . 


ed.  with  the  amendments  thereto,  for  the 
use  of  the  Convention,  and  that  the  same  be 
made  the  special  order  for  Februaiy  2,  1865. 

On  motion  of  Mr.  Evans,  the  Convention 
adjourned  until  3  o'clock  P.  M. 


AFTERXOOX  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair . 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  the  consideration  of  amendments 
to  the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair,  and 
Mr.  Kixg  reported  thai  the  committee  had, 
according  to  order,  had  under  consideration 
amendments  to  the  Constitution,  and  partic- 
ularly the  article  on  Elections .  Qualifications 
of  Voters,  Officers,  and  others,  but  had  come 
to  no  resolution  thereon. 

On  motion  of  Mr.  D'Oexch,  the  Conven- 
tion adjourned  until  10  o'clock  to-morrow 
morning . 


EIGHTEE 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair . 

Prayer  by  Rev.  Mr.  O-born. 

Mr.  Hollaxd,  from  the  committee  to 
take  under  consideration  the  preamble  and 
resolution  offered  by  Mr.  Williams  of  Cald- 
well, relative  to  the  draft,  moved  that  the 
I  time  for  said  committee  to  report  be  extended 
till  Monday  next,  at  10  a.  m.,  which  was 
agreed  to . 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  the  consideration  of  amendments 
to  the  Constitution.  After  sometime  spent 
therein,  the  President  resumed  the  chair,  and 
Mr.  Gamble  reported  that  the  Committee 
of  the  Whole  had.  according  to  order,  had 
under  consideration  amendments  to  the  Con- 
stitution, and  particularly  the  article  on 
Elections,  and  Qualifications  of  Voters, 
j  Officers,  and  others,  but  had  come  to  no 
resolution  thereon. 


NTH  D.A.Y. 

SATURDAY.  Jaxuary  28th.  1S65. 

On  motion  of  Mr.  Filley.  the  Convention 
adjourned  until  3  o'clock  P.  M. 



AFTERXOOX  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  Vice  President  in  the  chair. 

On  motion  of  Mr.  Stroxg.  Mr.  Bonham 
was  added  to  the  Committee  on  Finance. 

Upon  request  of  Mr.  Peck,  leave  of  ab- 
sence was  granted  to  him. 

On  motion  of  Mr.  Boxhax,  the  Convention 
i  resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  consideration  of  amendments  to 
the  Constitution.  After  some  time  spent 
therein,  the  Vice  President  resumed  the 
chair,  and  Mr.  Smith  of  Mercer  reported 
that,  according  to  order,  the  Committee  of 
the  Whole  had  had  under  consideration 
amendments  to  the  Constitution,  and  par- 
l  ticularly  the  article  on  Elections  and  Quali- 


58 


cations  of  Voters,  Officers  and  others,  but 
had  come  to  no  resolution  thereon. 

On  request  of  Mr.  Hughes,  leave  of  ab- 
sence was  granted  him. 

On  motion  of  Mr.  Linton,  leave  of  ab- 
sence was  granted  to  Mr.  Budd. 


On  request  of  Mr.  Switzler,  leave  of  ab- 
sence was  granted  him. 

On  motion  of  Mr.  Davis  of  Nodaway,  the 
Convention  adjourned  until  Monday  morning 
next,  at  10  o'clock. 


NINETEENTH  DA.Y 


Convention  met  pursuant  to  adjournment, 
Mr.  President  in  the  chair. 

Prayer  by  the  Rev.  Dr.  Eliot. 

Mr.  Williams  of  Caldwell,  Chairman  of 
the  committee  to  take  under  consideration 
the  preamble  and  resolutions  offered  by  him 
relative  to  the  draft,  reported  progress,  and 
asked  leave  to  have  the  time  for  said  com- 
mittee to  report  extended  till  Tuesday,  Jan- 
uary 31,  at  10  o'clock  a.  m.,  which  was 
agreed  to. 

On  motion  of  Mr.  Smith  of  Worth,  leave 
of  absence  was  granted  to  Mr.  Weatherby 
for  two  days. 

Mr.  Holland  offered  the  following  reso- 
lution, which  was  adopted: 

Resolved,  That  hereafter  this  Convention 
will  meet  at  half-past  9  o'clock  a.  m.,  and 
half-past  2  o'clock  p.  m. 

Mr.  Newgent  offered  the  following  reso- 
lution, which  was  rejected  : 

Resolved,  That  the  Committee  on  Judiciary 
be,  and  are  hereby  instructed  to  report  in 
relation  to  the  ordinance  entitled  4  'An  ordi- 
nance for  the  protection  of  citizens  and 
soldiers,"  on  Tuesday,  January  31,  at  10 
o'clock  a.  m.  ,  and  that  it  be  the  special  order 
for  that  day. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Ellis  reported  that  the  Com- 
mittee of  the  Whole  had,  according  to  order, 


MONDAY,.  January  30th,  1865. 

had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
Elections  and  Qualifications  of  Voters,  Offi- 
cers and  others ,  but  had  come  to  no  resolution 
thereon. 

On  motion  of  Mr.  Filley,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M.  * 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair. 

Mr.  Foster  requested  that  leave  of  ab- 
sence be  granted  him  for  four  days ;  which 
was  granted. 

On  motion  of  Mr.  Newgent,  leave  of 
absence  was  granted  to  Mr.  Swearingen. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  .resumed  the 
chair,  and  Mr.  Folmsbee  reported  that  the 
Committee  of  the  Whole  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Elections  and  Qualifications  of 
Voters,  Officers  and  others,  but  had  come 
to  no  resolution  thereon 

On  motion  of  Mr.  Filley,  the  Convention 
adjourned  until  to-morrow  morning  at  half- 
past  9  o'clock. 


59 


TWENTIETH  ID  _A_  Y 


TUESDAY.  January  31st,  1S65. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

A  communication  and  resolution  relative 
to  suffrage,  received  from  Air.  Ferdinand 
Meyer,  chairman  of  a  meeting  held  January 
29.  18-35,  at  Turner  Hall,  was  read  for  in- 
formation, and.  on  motion,  laid  on  the  table. 

Mr.  William-  of  Caldwell  offered  the  fol- 
lowing report  in  connection  with  a  memorial 
to  the  President  of  the  United  States,  and. 
also  a  memorial  to  Colonel E.  B.  Alexander, 
Provost  Marshal  General  of  Missouri,  which 
were  received  and  read.  and.  on  motion  of 
Mr.  Drake,  ordered  to  he  printed  for  the 
use  of  the  Convention : 

Mr.  President — The  special  committee 
appointed  to  memorialize  the  President  of 
the  United  States,  concerning  our  quota  and 
the  coming  draft,  beg  leave  to  make  the 
following  report: 

We  have  had  the  matters  referred  to  us 
under  careful  consideration,  and  rind  that 
notwithstanding  corrections  are  being  con- 
stantly made  in  our  enrollments,  and  that 
our  quotas  arc  assigned  from  the  latest  cor- 
rected returns,  and  not  from  any  original 
enrollment,  still,  our  enrollments,  which 
were  largely  in  excess  of  our  available  arms- 
bearing  population,  when  first  made,  have 
never  been  fully  corrected .  and  we  are  con- 
strained to  believe  that  a  correct  enrollment 
would  show  a  roral  much  less  than  the  num- 
bers apparent  on  our  x^resent  roll :  we.  there- 
fore, recommend  the  adoption  of  the  accom- 
panying memorials  to  the  President  of  the 
United  States '  and  the  Assistant  Provost 
Marshal  of  Missouri. 
All  of  which  is  respectfully  submitted . 
J.  WILLIAMS,  *  ^ 
W.  S.  HOLLAND,  j-  Committee. 


SMITH. 


Small  Hall.  Mercantile  Library,  ^ 
St.  Louis.  Mo.,  January  31.  I860,  j 

His  Excellency  Abraham  Lixcolx.  President 
of  the  United  States : 

The  Constitutional  Convention,  now  in 
session  in  St.  Louis,  on  behalf  of  the  people 
of  Missouri  beg  leave  respectfully  to  repre- 
sent that,  after  a  very  patient  and  careful 
investigation  into  the  number  of  soldiers  we 
have  furnished  the  Government,  and  the 
probable  arms-bearing  population  of  the 
State  at  the  present  time,  we  think  we  are 
justified  in  submitting  for  your  consideration 
the  following  facts : 

At  the  Presidential  election  in  I860,  this 
State  gave  a  total  vote  of  165.518,  which  has 


been  diminished  by  the  rebels  going  south, 
by  tin-  bushwhackers,  by  the  Union  men 
murdered  at  their  homes,  by  the  soldiers 
who  have  died  in  the  service,  'by  all  the  dis- 
loyal who  have  gone  to  other  States  to  escape 
military  duty  in  this,  and  by  all  the  Union 
men  who  have  been  compelled  to  seek  refuge 
in  other  States,  because  they  could  not  safely 
live  here . 

Notwithstanding  all  these  heavy  drains  on 
our  population,  we  have  furnished,  up  to 
December  31.  1864.  to  the  Government, 
83.466  men:  but  these  heavy  drains  have 
rapidly  reduced  our  population ,  as  is  clearly 
shown  by  the  election  returns  of  the  last 
Presidential  election .  at  which  we  onl  v  polled 
103.302  votes,  or  62.216  less  than' at  the 
beginning  of  this  war. 

Our  present  enrollment  represents  this 
State  as  having,  subject  to  military  duty, 
158,915.  to  which  add  the  number  of  soldiers 
now  in  the  United  States  service,  about 
38.000.  which  foots  up  196.015.  or  31.397 
more  than  we  had  voters  at  the  outbreak  of 
this  rebellion,  notwithstanding  we  have 
sustained  a  loss  of  62.216  voters. 

Now.  ao-ain,  take  the  vote  of  November 
8,  1864.  which  was  103.302:  subtract  from 
this  our  soldier  vote,  which  can  not  be  ar- 
rived at  precisely,  but  we  put  it  at  the  low 
estimate  of  16,000,  which  leaves  our  civil 
voting  strength  at  87,302,  or  71,613  less  than 
our  enrollment. 

These  figures,  which  imply  that  we  have 
almost  twice  as  many  lighting  men  as  voters, 
clearly  demonstrate,  as  we  think,  that  our 
present  enrollment  is  largely  in  excess  of 
our  real  arms-bearing  population. 

This  excess  is  attributable  to  the  fact  that 
at  the  time  of  our  first  enrollment  many 
thousands  of  rebels  in  the  rebel  army  and  in 
the  bush  were  enrolled  because  their  fami- 
lies were  here :  and  many  thousands  of  Union 
men  and  rebels  have  changed  their  homes 
since,  which  changes  have  not  yet  been  noted 
on  our  enrollments,  owing  to  the  difficulty 
of  getting  corrections  made. 

While  we  are  proud  to  say  that,  so  far  as 
our  loyal  people  are  concerned,  there  is  not 
in  this  government  a  more  L  nion-loving 
people,  or  a  people  who  are  more  willing  to 
give  the  last  man  and  the  last  dollar,  if 
necessary,  to  sustain  the  government,  yet 
we  wish'to  call  your  attention  to  the  peculiar 
and  suffering  condition  of  the  people  of  this 
State. 

You  will  bear  in  mind  that  at  the  begin- 
ning of  the  second  year  of  this  war  almost, 
if  not  quite .  half  of 'our  people  were  disloyal, 
and  the  men  who  have  been  cheerfully  given 
to  till  up  the  Union  armies  have  been  taken  ' 
almost  exclusively  from  the  Union  element — 


60 


■ 


into  the  brush,  to  other  States  to  avoid  militia 
duty,  or  remaining  at  home,  protected  by 
the  Federal  arms,  and  fearing  nothing  from 
rebels  or  bushwhackers . 

Our  Union  men  have  not  only  cheerfully 
gone  into  the  Federal  armies  — they  have 
also  done  all  the  efficient  militia  service 
in  the  State,  which  has,  at  times,  required 
the  active  service,  in  the  held,  of  every 
able-bodied  Union  man  in  the  State; 
and  with  all  the  Federal  forces  we  have 
had,  assisted  by  the  militia  of  the  State 
and  at  times  by  thousands  of  Union  citizens 
not  subject  to  military  duty,  w~e  have  not 
been  able  to  afford  that  protection  to  Union 
men  which  would  make  them  secure  in 
their  persons  and  property;  in  consequence 
of  which  thousands  of  them  have  left  their 
homes  and  gone  to  seek  that  security  and 
safety  in  other  States  which  we  are  unable  to 
afford  them  in  this ;  and  large  numbers  are 
now  hxing  to  leave  different  parts  of  the 
State,  because  of  the  troubles  apprehended 
during  the  coming  summer  and  fall.  From 
many  counties  the  Union  men  have  gone  into 
the  service  until  the  few  left  among  the  many 
rebels  have  no  adequate  power  to  protect 
themselves. 

If  the  draft  could  take  largely  from  the 
disloyal  population,  which  has  furnished 
very  few  men,  wTe  could  fill  our  present 
quota  and  then  feel  stronger  and  more  secure 
than  we  do  now;  but  most  of  the  rebels  drafted 
either  furnish  loyal  substitutes ,  or  run  off  to 
evade  the  service,  and  hence  nearly  all  the 
men  furnished  are  from  the  Union  ranks . 

We  need  every  loyal  man  within  our 
borders  for  home  protection,  they  being 
the  only  portion  of  our  population  worth 
any  thing  for  militia  service  or  home 
defense. 

Every  loyal  Missourian  is  a  soldier,  and 
they,  knowing  our  country,  the  people,  and 
our  wants,  are  worth  a  great  deal  more  for 
our  protection  from  guerrillas  than  any 
soldiers  from  abroad  can  be. 

We  do  not  require  any  special  favors  to 
keep  our  loyalty  alive,  but  in  view  of  the 
past,  present  and  prospective  sufferings  of 
the  loyal  people  of  Missouri  —  she  being  a 
weaker  and  more  afflicted  sister  in  the  great 
family  of  States — we  almost  feel  that  we  have 
a  right  to  expect  to  be  treated  with  a  little 
more  tenderness  and  favor  than  some  of  our 
stronger  sisters. 

In  conclusion,  while  we  feel  that  our  own 
safety  requires  the  complete  organization 
and  co-operation  of  every  Union  man  in  the 
State,  at  home,  still  we  will  not  ask  to  be 
excused  from  a  draft  if,  in  your  judgment, 
the  good  of  the  nation  requires  it.  We  do, 
however,  most  respectfully  ask  that  the 
draft  may  be  suspended  until  we  can  have  a 
complete  and  thorough  re-enrollment  of  the 
State  made  wherever  it  is  necessary.  And 
we  would  further  ask,  if  not  inconsistent 
with  the  public  good,  that  Missouri  soldiers 
may  be  assigned  to  the  duty  of  protecting 
her  borders . 


Small  Hall,  Mercantile  Library,  \ 
*Sz^.  Louis,  January  30,  1865.  J 

Colonel  E.  B.  Alexander,  Provost  Marshal 
General  of  Missouri : 

The  Constitutional  Convention  now  assem- 
bled in  the  city  of  St.  Louis,  knowing  that 
in  a  great  many  counties  in  this  State  the 
original  enrollments  included  numbers  of 
men  then  in  the  rebel  army  and  in  the  bush, 
as  well  as  every  class  and  condition  of  the 
physically  disabled ;  and  that  great  numbers 
have  left  the  State  since  they  were  enrolled; 
and  that,  owing  to  the  great  distance  of 
many  counties  from  the  headquarters  of 
boards  of  enrollment,  and  the  consequent 
trouble  and  expense  to  individuals  of  getting 
their  names  stricken  from  the  rolls,  persons 
who  are  clearly  entitled  to  exemption,  if 
drafted,  can  not  be  expected  to  be  at  the 
trouble  and  expense  of  going  to  the  board 
for  examination;  and  the  corrections  of  the 
rolls,  being  the  business  of  everybody,  have 
to  a  great  extent  been  neglected  by  every- 
body; therefore,  that  this  important  matter 
may  not  be  left  to  chance,  we  have  to  ask 
that,  if  within  your  powder,  you  will  send  to 
every  county  in  the  State,  where  it  has  not 
been  done,  an  enrolling  board,  who  can  pass 
not  only  on  the  non-residence  and  alienage 
of  parties,  but  also  on  their  physical  disa- 
bilities . 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  consideration  of  amendments  to 
the  Constitution.  After  some  time  spent 
therein,  the  Vice  President  resumed  the 
chair,  and  Mr.  Nixdorf  reported  that  the 
Committee  of  the  Whole  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Elections,  and  Qualifications  of 
Voters,  Officers,  and  others,  but  had  come 
to  no  resolution  thereon. 

Mr.  Owens  introduced  a  communication 
from  citizens  of  Lafavette  county,  Missouri, 
addressed  to  his  excellencv  Gov.  Fletcher, 
relative  to  deposing  certain  county  officers 
of  that  county,  who  are  alleged  to  be  dis- 
loyal, and  moved  that  it  be  referred  to  the 
Committee  on  the  Judiciary,  which  was 
done 

On  motion  of  Mr.  Meyer,  the  communi- 
cation and  resolutions  introduced  by  him  this 
day  were  taken  from  the  table,  and  referred 
to  the  Committee  on  the  Legislative  Depart- 
ment. 

On  motion  of  Mr.  D'Oench,  the  Con- 
vention adjourned  until  half-past  2  o'clock 
P.  M. 


61 


AFTERXOOX  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole 
to  resume  consideration  of  amendments  to 
the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair, 
and  Mr.  Box  ham  reported  that  the  Commit- 
tee of  the  Whole  had.  according  to  order, 


had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article 
on  Elections  and  Qualifications  of  Voters. 

!  Officers  and  others .  but  had  come  to  no 

|  resolution  thereon. 

Mr.  Hume  asked  that  leave  of  absence  be 
granted   him   for   five  days,   which  wa^ 

|  granted. 

On  motion  of  Mr.  Gilstrap.  the  Conven- 
,  tion  adjourned  until  hall-past  9  o'clock 
I  to-morrow  morning. 


TWENTY-FIRST  DAY, 


WEDNESDAY.  February  1st,  1865. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Pettigrew. 

Mr.  Martin  offered  a  petition  from  the 
loyal  citizens  of  Pike  county,  signed  by 
forty-seven  names,  asking  that  the  Ordi- 
nance of  Emancipation,  as  passed  by  the 
Convention,  be  made  irrevocable :  which  was 
read  for  information,  and  laid  on  the  table. 

Mr.  Xewgext.  Chairman  of  the  Commit - 
.  tee  on  the  Militia,  presented  the  following 
report,  which  was  read.  and.  on  motion  of 
Mr.  Meyer,  ordered  to  be  printed  for  the 
use  of  the  Convention : 

ARTICLE  — . 

Militia. 

All  male  inhabitants  of  the  State  of  Mis- 
souri, who  are  citizens  of  the  United  States. 
'  or  who  have  declared  their  intention  of  be- 
coming citizens  of  the  United  States,  between 
the  ages  of  eighteen  and  forty-five  years, 
shall  be  liable  to  military  duty.  The  inilitia 
shall  be  divided  into  two  classes,  as  follows: 

First  class  shall  consist  of  all  persons  sub- 
ject to  military  duty,  between  the  ages  of 
eighteen  and  twenty-three  years,  and  all 
such  unmarried  persons  between  the  ages  of 
twenty-three  and  thirty-live  years,  and  shall 
be  styled  the  * '  National  Guards. ' ' 

Second  class  shall  consist  of  all  unmarried 
persons,  subject  to  military  duty,  between 
the  ages  of  thirty-five  and  forty -five  years, 
and  all  such  married  persons  between  the 
ages  of  twenty-three  and  forty-five  years, 
and  sball  be  styled  the  '  -  Reserve. ' ' 

The  Legislature  may  provide,  by  law.  for 
the  organization  of  independent  companies, 
battalions,  regiments,  or  brigade. 

Company  officers  shall  be  elected  by  the 


written  ballots  of  the  members  of  their 
respective  companies . 

All  other  officers  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  ainfcon- 
sent  of  the  Senate. 

Commanding  officers  of  battalions,  regi- 
ment-, or  brigades,  shall  select  their  respec- 
tive staff  officers. 

Xo  officer  shall  receive  a  commission  until 
he  shall  have  passed  an  examination  before  a 
Military  Board,  appointed  by  the  Governor 
for  that  purpose,  under  such  regulations  as 
the  Legislature  may  prescribe. 

The  Legislature  shall  provide,  by  law,  for 
the  discipline  of  the  militia,  and  the  payment 
of  the  same  when  called  into  actual  service. 

There  sball  be  no  exemptions  except  of 
L  nited  States  mail  carriers,  and  in  cases  of 
excessive  physical  disability. 

There  shall  be  no  military  grade  higher 
than  that  of  a  Brigadier  General  :"nor  shall  the 
number  of  Brigadier  Generals  exceed  eight. 

On  motion  of  Mr.  Foi/msbee,  leave  of 
absence  was  granted  the  Sergeant-at-arms 
for  four  days. 

Mr.  St.  Gem  asked  leave  of  absence  for 
himself  for  six  days,  which  was  granted. 

Mr.  Peck  stated  that  his  colleague.  Mr. 
Sutton,  was  detained  from  his  seat  on  account 
of  sickness. 

On  motion  of  Mr.  Holland,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time- 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Meyer  reported  that  the 
Committee  had,  according  to  order,  had 
under  consideration  amendments  to  the  Con- 
stitution, and  particularly  the  article  on 


62 


Executive  Powers,  but  had  come  to  no  reso- 
lution thereon. 

Mr.  Williams  asked  leave  of  absence  for 
his  colleague,  Mr.  Barr,  who  was  at  home 
sick;  leave  was  granted. 

On  motion  of  Mr.  Folmsbee,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 
On  motion  of  Mr.  Holland,  the  Conven- 


tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  the  consideration  01 
amendments  to  the'  Constitution.  After 
some  time  spent  therein,  the  President  re- 
sumed the  chair,  and  Mr.  Bush  reported 
that  the  committee  had,  according  to  order, 
had  under  consideration  the  amendments  to 
the  Constitution,  but  had  come  to  no  resolu- 
tion thereon. 

On  motion  of  Mr.  Weatherby,  the  Con- 
vention adjourned  until  to-morrow  morning 
at  half-past  9  o'clock. 


TWENTY-SECOND  DAT. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  John  McClean. 

Mr.  Drake  presented  a  petition  signed  by 
ninety-four  colored  citizens  of  St.  Louis, 
asking  the  Convention  to  extend  to  them  the 
elective  franchise,  which  was  read  for  in- 
formation, and,  on  motion  of  Mr.  Strong, 
referred  to  the  Committee  on  the  Elective 
Franchise. 

Mr.  Mack  offered  the  following  resolution, 
providing  for  the  future  amendment  of  the 
Constitution: 

Resolved,  That  the  General  Assembly  may, 
at  any  time,  propose  to  the  people  such 
amendments  to  this  Constitution  as  two- 
thirds  of  each  house  shall  deem  expedient; 
and  such  amendments  shall  be  published  in 
the  newspapers  of  the  State  six  months  pre- 
vious to  the  next  general  election.  And  at 
the  next  general  election  the  qualified  voters 
shall  vote  for  or  against  such  amendment  or 
amendments;  and  if  a  majority  of  all  the 
votes  cast  shall  be  in  favor  of  such  amend- 
ment or  amendments,  they  shall  be  valid  to 
all  intents  and  purposes,  as  part  of  this 
Constitution. 

On  motion  of  Mr.  Mack,  the  resolution 
was  referred  to  the  Committee  on  Amend- 
ments to  the  Constitution. 

Mr.  Owens  offered  the  following  resolu- 
tion, which,  on  motion  of  Mr.  Drake,  was 
referred  to  the  Committee  on  Printing: 

Resolved,  That  the  Committee  on  Printing 
be,  and  they  are  hereby,  instructed  to  adver- 
tise for  and  receive  bids  for  the  printing  of 


THURSDAY,  February  2d,  1865. 

the  proceedings  of  this  Convention  —  five 
thousand  copies  of  the  same  to  be  printed; 
the  bids  shall  specify  the  price  per  thousand 
ems  for  composition,  the  price  per  ream  for 
white  paper,  and  the  price  per  token  of  two 
hundred  and  forty  impression.-,  octavo  forms 
(eight  pages),  and  the  price  per  volume  for 
binding  in  strong  paper  covers;  and  the 
same  shall  be  let  to  the  lowest  bidder,  the 
bidder  giving  bond  in  the  sum  of  ten  thou- 
sand dollars  for  the  faithful  performance  of 
the  work. 

Mr.  Owens  moved  to  postpone  the  special 
order  of  to-day,  being  the  Bill  of  Rights, 
until  Tuesday  next;  which  motion  was 
agreed  to. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  consideration  of  amendments  to 
the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair, 
and  Mr.  Bunce  reported  that  the  committee 
had,  according  to  order,  had  under  consid- 
eration amendments  to  the  Constitution,  and 
particularly  the  article  on  Elections,  and 
Qualifications  of  Voters,  Officers,  and  others, 
but  had  come  to  no  resolution  thereon. 

On  motion  of  Mr.  D'Oench,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 
Mr.  Bush,  chairman  of  the  Committee  on 


63 


:  Banks,  presented  the  following  report,  which  j 
!  was  read,  and  two  hundred  copies  ordered  to  | 
'  be  prmted  for  the  use  of  the  Convention : 

The  Committee  on  Banks,  to  which  was 
referred  the  eighth  article  of  the  Constitu- 
tion, has  had  the  same  under  consideration, 
and  instructed  me  to  report  that,  in  the  j 
opinion  of  your  committee,  a  change  in 
regard  to  the  creation  and  further  contin- 
I  nance  of  banks  in  this  State  is  demanded 
|  alike  by  the  almost  unanimous  voice  of  its 
loyal  citizens  against  those  banks,  and  by 
|  the  patriotic  desire  to  support  the  nation  and 
Government  in  the  creation  of  a  national 

I  system  of  banking.  Upon  examination  of 
the  subject  of  banks,  as  corporate  bodies, 

|  your  committee  found  that  ne  provisions 
concerning  other  corporatio  ;s  are  so  indis- 
jsolubly  connected  with  it,  that  it  felt  author- 
ized to  report  an  article  on  banks  and  cor- 
porations; the  more  so  as  no  committee  on  I 
corporations  has  been  appointed  by  this 
|  Convention,  and  as  other  State  Constitu- 
tions, almost  without  exception,  treat  on 
the  subject  of  both  banks  and  corporations, 
in  the  article  herewith  proposed  for  your 
adoption,  in  lieu  of  the  eighth  article  of  the 
present  Constitution: 

article  — . 

Banks  and  Corporations. 

Section  1.  No  corporate  body  shall  here- 

j  after  be  created ,  renewed,  or  extended,  with 

ithe  privilege  of  making,  issuing,  or  putting 
in  circulation  any  notes,  bills,  or  other 
paper,  or  the  paper  of  any  other  bank  to 
circulate  as  money,  and  the  Legislature  shall 

(prohibit,  bylaw,  individuals  or  corporations 
from  issuing  bills ,  checks ,  tickets ,  promissory 
notes,  or  other  paper,  as  money:  but  nothing 
herein  contained  shall  be  construed  as  pre- 
venting corporations  or  associations  from 
forming  for  such  purposes,  under  the  acts  of 
Congress,  tor  a  national  system  of  banking. 
Sec.  2.  Xo  bank  of  issue  established 

;  under  the  laws  of  this  State  shall,  after  the 
adoption  of  this  Constitution,  issue  bills  or 

j  notes  of  any  denomination,  or  payout  any 
of  its  notes  for  circulation:  but 'they  may 

j  receive  and  pay  out  the  national  currency. 
Any  bank  of  issue  violating  this  provision, 
shall  forfeit  its  charter,  and  the  Legislature 
shall,  at  its  first  session  after  the  adoption  of 

|  this  Constitution,  impose  proper  penalties 
upon  persons  or  corporations  engaged  in  the 
violation  of  the  foregoing  provision. 

Sec.  o.  It  shall  be  the  "duty-  of  the  Gen- 
eral Assembly,  at  its  first  session  after  this 
Constitution  goes  into  effect,  to  enact  laws, 
enabling  any  of  the  existing  banks  of  issue 
to  reorganize  as  national  banks,  under  the 
act  of  Congress,  and  further  to  provide  for 
the  sale  of  the  stock  owned  by  the  State  of 

II  Missouri  in  the  Bank  of  the  'State  of  Mis- 
souri, upon  such  terms  and  conditions  as 
shall  be  by  law  established. 

Sec.  4.  The  State  shall  not  hereafter  be - 
l-  cornea  stockholder  in  any  bank;  nor  shall 


the  credit  of  the  State  ever  be  given  or 
loaned  in  aid  of  any  person,  association,  or 
corporation,  nor  shall  the  State  hereafter  be- 
come a  stockholder  in  any  corporation  or 
association. 

Sec.  5.  The  General  Assembly  shall  not 
authorize  any  county,  city,  or  incorporated 
district,  by  virtue  of  a  vote  of  its  citizens, 
or  otherwise,  to  become  hereafter  a  stock- 
holder in  any  company,  association,  or 
corporation,  or  to  loan  its  credit  to  any  cor- 
poration, association,  institution,  or  party. 

Sec.  6.  Corporations  may  be  formed 
under  general  laws,  but  shall  not  be  created 
by  special  acts,  except  for  municipal  pur- 
poses. All  general  laws  and  special  acts 
passed  pursuant  to  this  section,  may  be 
altered,  amended,  or  repealed. 

Sec.  7.  Xo  municipal  corporation,  except 
cities,  shall  be  created  by  special  act;  and  no 
city  shall  be  incorporated  with  less  than  live 
thousand  permanent  inhabitants,  nor  unless 
the  people  thereof,  by  a  direct  vote  upon  the 
question,  shall  have  decided  in  favor  of  such 
incorporation. 

Sec.  8.  Dues  from  private  corporations 
shall  be  secured  b3r  such  means  as  may  be 
prescribed  by  law,  and  the  stockholders  of 
all  corporations  and  joint  stock  companies 
shall  be  individually  liable  for  the  indebted- 
ness of  said  corporation.-  to  the  amount  of 
their  stock  subscribed  and  unpaid,  and  no 
more . 

Sec.  9.  The  property  of  all  corporations 
for  pecuniary  profit  shall  be  subject  to  tax- 
ation, the  same  as  that  of  individuals. 

On  motion  of  Mr.  Holland,  the  Conven- 
tion resolved  itself  into  a  Committee  of 
the  Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution.  After  some 
time  spent  therein,  the  President  resumed 
the  chair,  and  Mr.  D'Oench  reported  that 
the  committee  had.  according  to  order,  had 
under  consideration  amendments  to  the  Con- 
stitution, and  particularly  the  article  on  Elec- 
tions. Qualifications  of  Voters,  Officers  and 
others,  but  had  come  to  no  resolution  thereon. 

Mr.  Weatherby  offered  the  following  reso- 
lution, which  was  read  for  information,  and. 
on  motion  of  Mr.  Holcovlb,  referred  to  the 
Committee  on  Finance : 

Resolved,  That  the  Constitutional  Conven- 
tion of  the  State  of  Missouri,  reposing  im- 
plicit confidence  in  the  ability  and  integrity 
of  the  Governor  and  General  Assembly 
thereof,  do  respectfully  refer  to  them  for 
adjustment  all  questions  pertaining  to  the 
dispute  between  the  State  and  the  stock- 
holders of  the  Weston  and  Atchison,  and 
Atchison  and  St.  Joseph  Railroad  com- 
panies, satisfied  that  justice  to  all  parties 
will  be  done  by  them. 

On  motion  of  Mr.  D'Oexch,  the  Con- 
vention adjourned  until  half-past  9  o'clock 
to-morrow  morning. 


64 


TWENTY-THIRD  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Folmsbee,  a  call  of  the 
house  was  ordered,  and  the  following-  mem- 
bers answered  to  their  names : 

Messrs.  Bunce,  Childress,  Davis  of  Noda- 
way, Drake,  Ellis,  Esther,  Evans,  Folms- 
bee, Fulkerson,  Gamble,  Gilbert  of  Law- 
rence, Gilbert  of  Platte.  Grammer,  Hen- 
derson, Holdsworth,  Holland,  Hughes, 
Husmann,  King,  Leonard,  McKernan,  Mc- 
Pherson,  Mack,  Meyer,  Morton,  Nixdorf, 
Peck,  Rankin,  Smith  of  Mercer,  Smith  of 
Worth,  Strong,  Sutton,  Swearingen,  Wil- 
liams of  Caldwell,  Williams  of  Scotland, 
and  Mr.  President— 36. 

Absent — Messrs.  Adams,  Barr,  Bedford, 
Bonham,  Budd,  Bush,  Clover,  Cowden, 
Davis  of  New  Madrid,  Dodson,  D'Oench, 
Filley,  Fletcher,  Foster,  Gilstrap,  Green, 
Harris,  Holcomb,  Hume,  Linton,  Martin, 
Mitchell,  Newgent,  Owens,  Rogers,  Rohrer, 
St.  Gem,  Switzler,  Thilenius  and  Weather- 
by-30. 

On  motion  of  Mr.  Drake,  further  proceed- 
ings under  the  call  were  suspended. 

On  motion  of  Mr.  Williams  of  Caldwell, 
the  report  of  the  special  committee,  ap- 
pointed to  memoralize  the  President  of  the 
United  States  concerning  the  quota  of  Mis- 
souri under  the  draft,  was  taken  up,  being 
the  special  order  for  this  morning. 

Mr.  Gilbert  of  Lawrence  moved  the  in- 
definite postponement  of  the  subject. 

Upon  which  motion,  Mr.  Gilstrap  de- 
manded the  ayes  and  noes,  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Fletcher,  Gilbert  of  Law- 
rence, Grammer,  Linton,  Owens,  Peck, 
Rohrer,  and  Sutton — 8. 

Noes  — Messrs.  Bedford.  Budd,  Bunce, 
Bush,  Childress,  Cowden,  Davis  of  New  Ma- 
drid, Davis  of  Nodaway,  Dodson,  D'Oench, 
Drake,  Ellis,  Esther,  Evans,  Filley,  Folms- 
bee, Fulkerson,  Gamble,  Gilbert  of  Platte. 
Gilstrap,  Green,  Harris,  Henderson,  Hol- 
comb, Holdsworth.  Holland,  Hughes,  Hus- 
mann, King,  Leonard,  McKernan,  McPher- 
son,  Mack," Martin,  Meyer,  Mitchell,  Mor- 
ton, Nixdorf,  Smith  of  Mercer,  Smith  of 
Worth,  Strong,  Swearino-en,  Thilenius, 
Weatherby,  Williams  of  Caldwell,  Williams 
of  Scotland,  and  Mr.  President — 47. 

Mi\  St.  Gem  was  excused  from  voting. 

Absent — Messrs.  Adams,  Barr,  Bonham, 
Clover,  Foster,  Hume,  Newgent,  Rankin, 
Rogers,  and  Switzler — 10. 

So  the  motion  to  indefinitely  postpone  was 
rejected. 


FRIDAY,  February,  3d,  1865. 

Mr.  Williams  of  Caldwell  moved  the 
adoption  of  the  report. 

Mr.  Husmann  ottered  as  a  substitute  the 
following,  which  was  accepted  by  Mr. 
Williams  of  Caldwell : 

Resolved,  That  the  report  and  memorial  of 
the  Committee  be  adopted  and  forwarded  to 
Senators  Henderson  and  Brown,  at  Wash- 
ington, with  the  request  to  present  it  to  the 
President,  and  send  the  letter  to  Colonel 
Alexander. 

Upon  motion,  the  resolution  was  adopted. 

On  motion  of  Mr.  Harris,  leave  of  absence 
was  granted  to  Mr.  Switzler  for  the  remain- 
der of  the  week. 

On  motion  of  Mr.  Holland,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President 
resumed  the  chair,  and  Mr.  Green  reported 
that  the  committee  had,  according  to  order, 
had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
Elections  and  Qualifications  of  Voters, 
Officers  and  others,  but  had  come  to  no 
resolution  thereon. 

On  motion  of  Mr.  Davis  of  Nodaway,  the 
Convention  adjourned  until  half-past  2 
o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Holdsworth  requested  leave  of 
absence  for  three  days,  which  was  granted. 

On  motion  of  Mr.  Holland,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  consider  the  amendments  to  the 
Constitution .  After  some  time  spent  therein , 
the  committee  rose,  and  Mr.  McKernan 
reported  that  the  committee  had,  according 
to  order,  had  under  consideration  amend- 
ments to  the  Constitution ,  and  especially  the 
article  on  Elections  and  Qualifications  of 
Voters,  Officers  and  others,  but  had  come 
to  no  resolution  thereon. 

On  motion  of  Mr.  Green,  the  Convention 
adjourned  until  half-past  9  o'clock  to-morrow 
morning. 


65 


TWENTY-FOURTH  DAT. 


SATURDAY,  February  4th,  1865. 


Convention  met  pursuant  to  adjournment,  | 
the  President  in  the  chair. 

Prayer  by  Rev.  J.  F.  Gublemann. 

Mr.  Budd,  Chairman  of  the  Committee  on 
Finance,  presented  the  following  report  of 
said  committee,  which  was  read  for  infor- 
mation, and.  on  motion  of  Mr.  Drake,  re- 
ceived, and  five  hundred  copies  of  the  report ; 
ordered  to  be  printed  in  pamphlet  form,  and  j 
two  hundred  copies  of  accompanying  bill 
in  usual  form: 

The  committee  to  whom  was  referred  the  j 
present  depressed  condition  of  the  finances  \ 
of  the  State,  with  implied  instructions  to 
devise,  if  possible,  ways  and  means  to  resus- 
citate her  credit,  and  finally  to  liquidate  the  I 
principal  and  interest  of  her  indebtedness,  j 
beg  leave  to  submit,  for  the  consideration  of; 
the  Convention,  the  following  report:  J 

Missouri  was  born  into  the  sisterhood  of 
States  in  the  year  1821,  and,  in  the  judgment 
of  your  committee,  she  has  been  a  sinful  and 
sickly  child  since  the  day  of  her  birth — forty  - 
live  years  ago.   Sinful,  because  she  has  held,  j 
by  the  will  of  the  people,  a  portion  of  her  j 
children  in  bondage  for  a  period  of  more  than 
forty  years,  and  valued  their  bodies,  under; 
the  assessment  law  of  the  State,  as  so  many  ! 
sheep  and  oxen,  for  the  purpose  of  imposing 
a  tax  (amounting,  in  1860,  to  $88,000)  on 
then  current  value,  to  support,  in.  part,  the  ! 
Government  of  the  State;  and  sickly,  as  the  ! 
institution  of  human  slavery  within  her  bor- 
ders has  operated  to  paralyze  her  industry,  I 
and.  as  a  consequence,  to  prostrate  her  j 
credit  beyond  (as  some  think)  redemption. 

Happily,  on  the  11th  of  January  last,  God, 
in  His  infinite  mercy,  put  it  into  the  hearts 
of  the  people  —  operating  through  their  rep-  I 
resentatives  on  this  floor  —  to  blot  out  from  I 
the  statute-book  of  the  State  all  laws  de-  I 
signed  to  hold  human  beings  in  bondage,  j 
and  to  declare  Missouri,  then  and  forever,  a  ; 
free  commonwealth ;  and,  having  thus  purged 
ourselves  of  the  crime  of  slavery,  may  we  j 
not  hope  that  the  blessing  of  Him"  who  holds  j 
in  the  hollow  of  his  hand  the  destiny  of 
states  and  nations  will  in  the  future  rest  on  \ 
this  people,  in  their  efforts  to  inaugurate  a 
system  tending  to  advance  the  State  in  all  her 
moral,   political  and  pecuniary  interests?  j 
The  moral  and  political  questions  submitted  \ 
to  this  body  by  the  people  we  represent,  of 
abolishing  slavery  and  disfranchising  rebels 
of  their  right  of  suffrage — hitherto  exercised 
in  attempts  to  throttle  the  life  of  the  State  ; 
and  the  Nation — having  been  passed  on  by 
the  Convention,  it  now  remains  for  your 
committee  to  endeavor  to  devise  ways  and  i 
means  to  pay  the  principal  and  interest  on  j 


the  great  public  debt  of  the  State;  and,  if 
this  can  be  accomplished  within  a  reasonable 
period,  her  patient  creditors  will  doubtless 
award  to  the  Convention  as  full  a  meed  of 
praise  as  the  people  of  the  loyal  free  States 
have  awarded  to  it,  for  enacting  the  great 
charter  of  freedom.  In  the  performance  of 
this  duty,  the  enlightened  spirit  which  de- 
creed her  the  role  of  a  free  State  will,  in  the 
judgment  of  your  committee,  induce  her 
people  to  accept  any  practicable  proposition 
looking  to  the  recovery  and  preservation  of 
her  good  name  in  the  great  marts  of  the 
world,  where  her  principal  indebtedness  is 
held .  Your  committee  are  therefore  agreed 
that  the  time  has  arrived  for  action  on  the 
subject  of  our  suspended  indebtedness;  and, 
further,  that  it  is  especially  appropriate  that 
the  Convention  which  has  liberated  the  State 
from  her  greatest  moral  and  social  evil  should 
take  measures  to  secure  for  her  the  character 
of  a  trustworthy  and  honest  commonwealth. 

According  to  the  eighth  census  report, 
Missouri  contains  upwards  of  43.000,000 
acres  of  land,  of  winch  28,000,000  are  capa- 
ble of  cultivation,  and  the  major  portion  ot 
the  remainder  is  filled  with  inexhaustible 
supplies  of  coal,  iron,  lead,  and  other  min- 
erals. Of  our  arable  land  only  6,246,871 
acres  were  under  improvement  in  1860,  so 
that  21,000,000  and  over  are  open  to  an  agri- 
cultural population.  In  1861,  of  the  whole 
real  property  of  the  State,  16,707,313  97-100 
acres  were  assessed,  leaving  more  than 
11,000.000  arable,  and  15.000.000  otherwise, 
exempt  from  taxation.  Of  the  land  so  exempt 
about  6,000,000  acres  may  be  estimated  as 
unasshmed  to  the  State  by" the  United  States ; 
1,223,308  are  held  by  railroad  corporations; 
5.000.000  are  supposed  to  be  held  by  the 
State;  1,200,000  are  school  lands,  leaving 
apart  from  public  grounds  say  10,000,000, 
arable  or  mineral,  subject  to  become  sources 
of  revenue  under  a  more  thorough  system  of 
assessment.  Not  alone  has  the  basis  of 
assessment  been  erroneously  curtailed,  but 
the  assessment  itself  is  confessedly  irregular 
and  defective .  It  is  safe  to  say  that  an  im- 
proved system,  recognizing  the  increased 
value  of  real  estate,  owing  to  emancipation, 
would  enlarge  the  basis  of  taxation  $150,- 
000,000  more  than  it  was  in  1860  ($335,- 
900,700),  and  without  working  injustice  to 
the  people  of  the  State.  Any  scheme, 
looking  to  the  payment  of  the  State  debt, 
may,  therefore,  legitimately  contemplate : 

First — An  increase  of  revenue  from  

acres  heretofore  unassessed . 

Second — An  increase  of  revenue  from  the 
sale  of  lands  by  the  United  States,  or  by 
railroad  corporations,  and  the  appreciation 
of  property,  heretofore  assessed,  or  unas- 
sessed, owing  to  inevitable  growth,  or  the 


E 


66 


stimulus  of  freedom,  peace  and  immigra- 
tion. 

In  the  decade  1850  to  1860  the  increased 
value  of  real  estate  in  the  State  of  Illinois 
was  $715,595,276,  or  nearly  four  hundred 
and  fifty-eight  per  cent.  If  it  be  urged  that 
Illinois  possessed  advantages  in  an  estab- 
lished system  of  free  labor,  untramineled  by 
civil  war  and  a  border  situation,  it  may  be 
answered  that  her  population,   during  a 

greater  part  of  the  time,  was  little  over  one 
alf  our  present  numbers,  that  her  territory 
is  12,000  miles  less  than  ours,  and  that  Mis- 
souri, as  a  free  State,  is  now  assured,  by  a 
radical  policy,  against  the  invasions  which 
her  slave  labor  system  invited  and  encour- 
aged. Assuming,  however,  that  our  growth 
of  values  for  purposes  of  taxation  should  be 
as  low  as  three  hundred  per  cent.,  against 
four  hundred  and  fifty-eight  per  cent,  of  that 
of  Illinois,  our  valuation  in  ten  years  will 
be,  in  round  figures,  as  follows: 


1866  $  480,000,000 

1867   576,000,000 

1868   672,000,000 

I860   768,000,000 

1870   864,000,000 

1871   960,000,000 

1872   1,056,000,000 

1873   1,152,000,000 

1874,   1,248,000,000 

1875  .'   1,344,000,000 


The  problem  to  be  solved  is  —  giving  this 
basis  of  taxation  —  how  shall  the  principal 
debt  of  the  State  for  railroads  ($23,000,000) 
and  $5,000,000  past  due  interest,  and  interest 
thereon,  together  with  $4,000,000  military 
and  floating  debt,  and  interest  thereon,  be 
paid?  Your  committee  are  satisfied  that  no 
additional  tax,  higher  than  one-half  of  one 
percent.,  can  be  levied  and  collected  from 
the  real  and  personal  estate  valuation  for 
several  years,  without  discouraging  emigra- 
tion and  rendering  the  possession  of  property 
an  almost  unendurable  burthen,  even  in 
view  of  an  early  peace  and  a  rapid  develop- 
ment of  our  agricultural  interests.  It  is, 
therefore,  considered  impracticable  to  look 
fo.r  the.  payment  of  our  railroad  debt  from 
this  source.  Such  a  tax,  however,  will,  in 
the  opinion  of  your  committee,  at  present 
suffice  to  cancel  the  present  military  and 
floating  debt  of  the  State  in  eight  years  or 
less,  if  the  stock  in  the  State  Bank  ($1,303,- 
000)  be  disposed  of,  and  a  tax  of  one  per 
cent,  be  levied  upon  the  capital  of  all  pri- 
vate corporations  which  shall  hereafter  ask 
[  of  the  Legislature,  for  their  own  pecuniary 
gains]  franchises,  which  the  State  should 
sell,  and  not,  as  heretofore,  give  away  !  Your 
committee  would,  therefore,  recommend: 

First — That  from  and  after  the  1st  clay  of 
October,  1866,  a  tax  of  one-half  of  one  per 
cent,  on  all  the  real  and  personal  property 
of  the  State,  in  addition  to  all  other  taxes 
now  levied  by  law,  be  annually  assessed  and 
collected  in  the  same  manner  as  other  State 
revenue  may  be  assessed  and  collected ;  the 
fund  so  created  to  be  kept  separate,  and 


annually,  on  the  1st  day  of  March,  appro- 
priated and  paid  over  pro  rata  upon  ail  State 
indebtedness  (other  than  railroad  debt  or 
interest),  which  maybe  presented  for  that 
purpose  by  the  holders  of  the  same,  to  be 
entered  as  credits,  and  to  that  intent,  in 
extinguishment  of  the  said  indebtedness. 

Second — That  the  State  stocks  in  the  Bank 
of  the  State  of  Missouri  be  disposed  of,  and 
the  proceeds  paid  into  the  State  treasury  to 
the  credit  of  the  military  fund,  to  be  paid 
out  as  above. 

Third — That  a  tax  of  one  per  cent. ,  on  not 
less  than  its  par  value,  be  assessed  and  col- 
lected on  the  authorized  Capital  stock  of  all 
private  corporations  which  shall  hereafter 
obtain  charter  franchises  from  the  State. 

The  first  proposition  is  similar  in  most 
respects  to  the  constitutional  provision, 
article  fifteen  of  the  new  constitution  of 
Illinois,  which  enabled  that  noble  State  to 
relieve  herself  from  nearly  the  whole  burden 
of  debt  contracted  prior  to  April  1st,  1848. 
The  second  is  based  on  the  conviction  that 
the  stock  in  the  State  Bank  should  be  ap- 
plied, at  the  earliest  possible  moment,  to  the 
payment  of  the  military  debt  for  which  it  is 
pledged,  the  new  system  of  national  banks 
rendering  such  investments  anomalous  ami 
useless.  The  third  is  regarded  as  a  legiti- 
mate means  of  securing'  some  equivalent 
for  the  transfer  of  general  franchises  to  par- 
ticular citizens,  it  being  understood  that 
dividends  are  declared  in  successful  corpo- 
rations on  the  authorized  as  distinguished 
from  the  paid  in  stock . 

If.  the  better  to  secure  full  returns  from 
this  additional  general  tax  of  one-half  of 
one  per  cent. ,  the  Legislature  be  prohibited 
from  exempting  from  taxation  any  species  of 
property  except  that  of  the  State',  counties,, 
and  municipalities,  property  in  use  for  public 
schools  and  public  cemeteries,  your  commit- 
tee feel  assured  that  the  debt  contracted  for 
other  than  railroad  purposes  will  be  paid  off 
in- the  time  stated,  and  without  detriment  to 
the  current  necessities  of  the  State . 

The  payment  of  the  railroad  debt  must  be 
secured,  in  the  opinion  of  your  committee, 
by  the  railroads  themselves;  therefore,  your 
committee  propose  to  require  the  Iron  Moun- 
tain, Pacific,  North  Missouri,  and  Hannibal 
and  St.  Jo.  railroads  to  pay  sixteen  and  two- 
thirds  of  their  gross  earnings  (except  on 
government  freight)  into  the  hands  of  a, 
commissioner  appointed  by  the  State,  and 
to  allow  them  to  charge  twenty  per  cent, 
additional  to  their  present  rates  on  freight 
and  passengers. 

Assuming  the  gross  earnings  of  the  four 
roads  to  be  $3, 000, 000,  to  March  1st,  1868— 
an  estimate  in  which  several  of  the  most 
astute  railroad  directors  agree— and  to  in- 
crease thereafter  in  the  rates  claimed  by  their 
respective  companies,  such  an  assessment 
will  pay  two  per  cent,  on  the  railroad  debt 
in  the  first  year,  three  and  a  half  in  the  second 
year,  and,  in  the  opinion  of  your  committee, 
the  fourth  year  (1870)  six  per  cent. 

Whenever  it  shall  have  reached  this  rate, 


67 


and  the  principal  debt  shall  have  been  re-  : 
duced  to  fifteen  millions  of  dollars,  let  it  be  I 
i  enjoined  that  the* railroads  shall  resume  the 
I  payment  of  interest  direetlv,  the  past  due 
interest,  and  a  portion  of  the  principal  having 
been  meantime  paid  pro  rata  from  the  collec- 
tions of  the  present  railroad  tax.  Then  let 
the  railroad  tax  be  abrogated,  if  it  is  deemed 
expedient  in  the  wisdom  of  the  General 
Assembly. 

The  propriety  and  efficacy  of  this  scheme 
is  sustained  by  the  following  considerations :  [ 

First — The  real  and  personal  property  of  j 
the  State  is  relieved  from  any  additional  tax 
on  railroad  account. 

Second— The  authorized  advance  in  charges 
for  freight  and  passengers  will  largely  tall 
on  non-residents,  and  on  freight  merely  in 
transitu. 

Third— Freight  and  trade  can  not  be  ma- 
terially diverted,  for  only  such  comes  as  can 
find  no  other  channel  than  one  of  the  four 
roads  for  which  the  debt  was  contracted. 
Fourth — The  roads  are  not  embarrassed  by 

I  the  impost  (sixteen  and  two-third  per  cent. ) . 
for  the  increased  rates  allowed  (twenty  per 
cent.)  bear  an  exact  proportion  to  it. 

Fifth  —  The  claims  of  the  stockholders, 
public  and  private,  without  being  imperiled 
more  than  now.  are  properly  subordinated 
to  those  of  the  creditors,  to  whom  the  faith 
of  the  State  has  been  pledged. 
Influenced  -by  these  reasons,  and  finding 

I  no  other  means  so  likely  to  retrieve  the  credit 
of  the  State — indeed,  your  committee  be- 

!  lieve,  on  the  most  mature  consideration,  that 
there  is  no  other  vmy  of  liquidating  the  present 

;  debt,  except  I)}'  levying  a  tax  of  at  least  three 

;  per  cent,  on  the  people  of  the  State,  and 
this,  in  the  judgment  of  your,  committee, 
would  be  wholly  inoperative  —  your  com- 
mittee would  recommend: 

First — That,  on  the  1st  day  of  March, 
1866,  and  every  year  thereafter,  until  the 
railroads  shall  'resume  payment  of  interest 
in  full,  and  principal  at  maturity,  the  Iron 
Mountain,  Pacific,  North  Missouri,  and 
Hannibal  and  St.'  Joseph  railroads  shall 
pay  into  the  hands  of  the  commissioner 
appointed  by  the  State,  sixteen  and  two- 
thirds  per  cent,  of  their  gross  earnings  (ex- 

;  cept  as  aforesaid  on  government  freight)  for 
the  preceding  year,  to  be  paid  out,  pro  rata, 
in  extinguishment  ot  the  debt  and  interest 

'  contracted  for  railroad  purposes. 

Second — That  the  better  to  enable  them  to 
fulfill  this  obligation .  from  and  after  the  1st 
•lay  of  March  next,  they  be  allowed  to  in- 
crease their  rates  of  freights  and  passengers 
twenty  per  cent. ,  until  such  time  as.  besides 
having  paid  all  current  and  past  due  prin- 
cipal, the  debt  shall  be  reduced  to  fifteen 
millions  of  dollars. 

Third — That  all  tax  collected  on  railroad 
account  hereafter  for  the  extinguishment  of 
interest  and  principal  of  State  bonds  issued 
to  the  railroads  shall  be  used  pro  rata. 

Your  committee  are  conscious  of  the  diffi- 
culties presented  in  the  advocacy  of  any  at- 
tempt to  resume  payment  of  our  suspended 


liabilities,  and  to  continue  meeting,  at  ma- 
turity, our  prospective  bond  and  interest 
indebtedness.  The  question  of  war  or  peace 
— of  social  order  or  embittering  and  wasting 
class  and  land  controversies,  arising  out  of 
the  rebellion,  enter  so  much  into  such  calcu- 
lations, and  are  so  apt  to  be  colored  by  our 
wishes  and  prepossessions,  that  the  feasi- 
bility of  any  scheme  is  liable  to  suspicion, 
and  open,  apparently,  to  strong  objections. 
The  one  proposed,  however,  is,  in  the  judg- 
ment of  the  undersigned,  the  more  to  be 
favored,  because  its  success  depends  less 
upon  a  sanguine  view  of  affairs  than  any 
other  which  your  committee  could  have  de- 
vised. 

First  —  It  is  predicated  on  an  increased 
valuation  of  real  and  personal  property,  in 
the  coming  ten  years .  of  one  hundred  and 
fifty-eight  per  cent,  less  than  that  of  Illinois 
in  the  ten  years  from  1850  to  I860 — superficies 
and  population  being,  relatively,  largely  in 
the  favor  of  our  State . 

Seco?id — It  requires  the  real  estate  interest 
of  the  State,  now  needing  so  much  en- 
couragement, to  assume  the  payment  of  less 
than  one-fifth  of  the  accumulated  debt,  and 
for  this  purpose  taxes  it  one-half  of  one  per 
cent.,  an  addition  relatively  small  when 
we  consider  the  object  to  be  obtained. 

Third — It  places  the  burthen  of  debt  where 
it  belongs,  on  the  railroads,  and  enables 
them  to  pay  it,  by  advancing  their  fart-  an  \ 
freightage,"  so  that,  when  so  advanced,  these 
will  still  be  less  than  the  prevailing  rates  of 
increase  in  other  branches  of  business. 

Fourth — It  affords  the  only  guarantee  for 
an  early  resumption  of  payments,  without 
shifting  the  security  of  the  stockholders  and 
creditors,  or  lessening  the  ability  of  the 
roads  to  develop  their  facilities  in  proportion 
to  their  incomes. 

Your  committee  will  be  pardoned  for  allud- 
ing to  the  specific  legislation  which  is  essen- 
tial to  the  successful  operation  of  this  scheme . 

First — An  act.  to  prevent  omissions  and 
inaccuracies  of  assessment,  so  that  all  the 
land  in  the  State  not  held  by  the  general 
government,  by  the  State,  by  counties,  mu- 
nicipal bodies  /or  in  use  for  public  schools 
and  public  cemeteries,  shall  contribute  ro 
the  revenue,  and  be  assessed  at  its  full  value. 
The  tact  that  millions  of  acres  have  not  been 
assessed,  and  other  millions  assessed  at 
merely  nominal  instead  of  market  rates, 
indicates  the  want  of  a  more  stringent  law 
in  this  relation. 

Second — A  constitutional  enactment,  pro- 
hibiting the  Legislature  from  exempting 
any  property  from  tax  other  than  Stated 
county,  and'  municipal,  or  property  in  use 
for  free  schools  and  public  cemeteries. 
There  is  no  valid  reason,  in  the  judgment 
of  the  committee,  why  churches^  parson- 
ages, private  cemeteries,  private  hospitals, 
private  academies,  etc.,  or  property  not  in 
use  for  public  free  schools,  should  not  con- 
tribute to  the  payment  of  our  State  debt  and 
expenses.  Religious  and  charitable  endow- 
ments of  this  sort  are  properly  the  result  of 


68 


voluntary  contributions.  Their  exemption 
from  tax*  is,  in  effect,  their  endowment  by  the 
State  to  the  amount  of  the  tax,  and,  in  so 
far  as  the  general  community  is  concerned, 
is  necessarily  an  involuntary  one.  The  tax 
of  a  distant  community  should  not  be 
dependent  upon,  nor  enlarged  by,  the 
exemption  of  the  religious  establishments 
and  charities  of  another  community.  The 
custody  of  the  criminal,  the  care  of  the  des- 
titute, the  rudimentary  free  education  of  the 
young,  are  matters  of  common  concern;  but 
the  founding  of  a  church  by  a  particular 
congregation,  the  erection  of  a  private  insti- 
tution of  benevolence,  or  the  opening  of  a 
cemetery  by  private  enterprise,  should  be  at 
the  expense  of  the  parties  contemplating 
them,  and  not  of  the  State  treasury.  Be- 
sides, religion  and  philanthropy  will  really 
suffer  nothing  by  a  withdrawal  of  the  cus- 
tomary immunity  from  taxation.  The 
promises  of  future  reward  are  proportioned 
to  the  sacrifices  made  in  deserving  it.  Nor 
is  it  to  be  supposed  that  the  hopes  inspired 
by  faith,  or  the  consolation  conferred  by 
sympathy  for  suffering,  will  become  the  less 
dear  by  being  taxed.  Let  it  be  understood 
that  the  support  of  the  Government  (the  first 
duty  the  citizen  owes  to  the  State)  is  to  be 
drawn  from  all  property  not  in  use  under  its 
direction  for  general  objects,  and  private 
charity  will  accommodate  itself  to  circum- 
stances, just  as  it  has  succeeded  in  bearing 
the  growing  strain  upon  its  largess,  owing 
to  the  cost  of  living  and  the  scarcity  of  labor. 
It  is  also  due  to  the  credit  of  religion,  and 
the  success  of  the  charitable  institutions 
already  in  existence,  that  religious  and  be- 
nevolent bodies  which  cannot  afford  to  pay 
State  tax,  vjhen  the  State  is  almost  overwhelm- 
ingly in  debt,  should  regulate  their  enter- 
prises by  their  assured  means .  Undertakings 
likely  to  be  thwarted  or  imperiled  by  a  sys- 
tem of  taxation  under  which  the  community 
lives  and  thrives,  had  better  be  deferred  until 
they  can  surmount  even  greater  obstacles. 

In  conclusion,  your  committee  have  an 
abiding  conviction  that  if  the  essential  features 
of  the  plan  now  recommended  be  adopted  by 
the  Convention,  and  made  part  .of  the  organic 
law  of  the  State,  it  will  do — 

First — Justice  to  suffering  but  patient  credit- 
ors, many  of  whom  have  purchased  the 
State  bonds  at  nearly  their  par  value,  and 
which,  with  accumulated  unpaid  interest, 
are  worth  on  their  face  $1.25,  but  are  now 
daily  sold  for  sixty -five  cents  on  the  dollar ! 
thus  inspiring  these  creditors  with  the  hope 
(and  that  hope  predicated  on  a  sound  basis) 
that  ere  lon°'  their  securities  will  be  at  par. 

Second  —  It  will  avoid  the  necessity  of  a 
forced  sale  of  the  roads  by  the  State,  which, 
should  it  take  place,  would  inevitably  work 
a  loss  to  the  commonwealth  of  many  millions 
of  dollars . 

Third— It  will  enable  the  roads  rightfully 
to  absolve  themselves  in  a  period  of  twenty- 
five  years — which  is  but  a  day  in  the  life  of  a 
State — from  the  pressing  burden  of  a  debt  of 
twenty-eight  millions  of  dollars,  and  that, 


too,  without  working  injury  to  themselves 
or  to  the  people  of  the  State. 

Fourth — It  will,  in  a  few  years,  make  the 
credit  of  Missouri  stand  side  by  side  with  the 
credit  of  her  sister  State  of  Illinois,  whose 
bonds,  in  1817,  sold  at  thirty-two  cents  on 
the  dollar,  but  which  are  now  sought  for  at 
par  and  a  premium,  the  effect  of  a  tax  pro- 
vision inserted  in  her  organic  lawr. 

Fifth,  and  lastly — It  will  enable  a  father — an 
original  subscriber  —  now  holding  almost 
worthless  stock  in  at  least  three  of  these 
roads,  to  trasmit  the  same  as  a  legacy  to  his 
children,  who,  in  after  years,  will,  in  the 
judgment  of  your  committee,  be  in  the  re- 
ceipt of  six  per  cent,  dividends  from  the 
same.  We  append  (paper  A)  a  detailed  ac- 
count of  State  indebtedness  due  and  not  due, 
for  the  information  of  the  Convention. 

Your  committee  having  explained  the  re- 
sult of  their  deliberations,  see,  they  think, 
in  the  plan  proposed,  a  certain  means  of  re- 
lieving the  State  from  debt,  and  report,  for 
the  action  of  the  Convention ,  the  following 
articles  to  be  embodied  in  the  Constitution  of 
the  State.    Respectfully  submitted, 

GEO.  K.  BUDD,  Chairman. 

( Paper  A. ) 

INDEBTEDNESS  OF  THE  STATE  OF  MISSOURI. 
(  Official.  ) 

Bonds  issued  for  State  purposes..!  602,000 

State  bonds  issued  to  railroads 
(including  guarantee  bonds)   23,701,000 

Eevenue  bonds,  issued  in  1861, 

(9  per  cent . )  now  due   431 , 000 

Interest  due  on  bonds  issued  to 
railroads  (Jan.  1st,  1865]   5,008,240 

Money  borrowed  by  Gov.  Gamble 
to  purchase  arms   150,000 

Amount  of  defense  warrants  out- 
standing Dec.  1st,  1864   244,000 

Amount  of  Union  military  bonds 
outstanding  Dec .  1st ,  1864   1 , 771 , 030 

Amount  due  militia  for  active  ser- 
vice, estimated  by  Gov.  Hall   1,000,000 

$32,507,549 

Cr. 

*Issue  to  Hannibal  & 

St.  Joseph  R.  JR. ..$3, 000, 000 
Paid  on  bond  issued 

for  State  purposes..     200,000—  3,200,000 

Total,  with  the  above  deduction 
to  Hannibal  &  St.  Jo.  R.  11.,  $29,707,549 
Of  the  above  there  is  now  due  by  the  State 
on  her  own  account : 
Balance  of  bonds  due  issued  for 

State  purposes   402,000 

Revenue  bonds  issued  in  1861   431,000 

Money  borrowed  by  Gov .  Gamble      150 , 000 

Defense  warrants   244,279 

Union  military  bonds   1 , 771 , 030 

Due  militia  for  active  service  (es- 
timated)  1,000,000 

Total,  exclusive  of  interest  $  3,998,309 

*  Note.— The  credit  of  $3,000,000  to  the  Hannibal  and  St. 
Joe  Railroad  is  a  nominal  credit,  as  the  road  has  punctually 
paid  the  interest  on  the  same,  hut  the  State's  liability  is  yet 
$3,0110,000. 


69 


ARTICLE  I. 

Railroad  Indebtedness . 

First — The  Pacific  Railroad  Company,  and  j 
Southwest  Branch,  the  Xorth  Missouri  Rail-  j 
road  Company,  the  St.  Louis  and  Iron Houn-  ; 
tain  Railroad  Company,  and  the  Hannibal 
and  St.  Joseph  Railroad  Company,  are  hereby  j 
required  to  pay  an  annual  tax  of  sixteen  and 
two-thirds  per  cent,   on  all    their  gross  j 
receipts  for  freight  and  passengers,  except! 
on  transportation  for  the  government  of  the  j 
United  States,  and  may  deduct  out  of  the 
same  the  United  States  tax.  and  this  tax 
shall  begin  on  the  1-t  day  of  March.  1865,  | 
and  be  paid  quarterly. 

Second — The  tax  of  sixteen  and  two-thirds 
per  cent. .  to  be  paid  by  the  Pacific  Railroad 
Company,  and  Southwest  Branch  thereof, 
shall  be  *  paid  into  the  hands  of  a  commis-  i 
sioner,  to  be  appointed  by  the  Governor,  j 
who  shall  hold  his  office  for  four  years  from  | 
the  date  of  his  appointment,  and  until  his  ; 
successor  is  duly  appointed  and  qualified,  j 
and  his  salary  shall  be  84,000  per  annum, 
j  payable, -pro  rata,  by  the  railroads,  in  pro- 
'  portion  to  their  present  State  indebtedness,  ! 
•  and  the  said  commissioner  shall  enter  into 
approved  bonds  to  the  State,  for  the  faithful 
!  performance  of  his  duties,  in  the  sum  of 
1  S100.000.  and  the  said  tax  of  sixteen  and 
,  two-thirds  per  cent.,  when  so  paid  to  the 
said  commissioner,  shall  be  invested  by  him 
in  buying  up  the  State  bonds  or  guarantee  j 
|  bonds,  issued  to  the  Pacific  Railroad  Com- 
;  pauy .  with  coupons  attached,  or  to  paying  off 
I  the  over  due  interest  on  the  said  bonds,  the 
i  longest  due.  and  all  payable  the  same  year.  ! 
I  and  such  payments  shall  be  continued  until 
|  all  coupons  or  bonds  (  except  as  hereinafter  : 
stipulated.  7th  section  )  over  due.  are  paid.  '[ 
.  The  bonds  and  coupons  thus  canceled  shall.  1 

■  by  the  commissioner,  be  delivered  to  the 
Auditor  of  the  State,  who  shall  give  his  i 

;  receipt  for  the  same,  and  it  shall  be  his  duty 
to  credit  the  Pacific  Railroad  Company  with 

i  the  amount  so  canceled.  When  the  tax  of 
sixteen  and  two-thirds  per  cent,  shall  be 
paid  into  the  hands  of  the  commissioner,  he 
shall  issue  to  the  railroad  company,  paying 
the  rax.  duplicate  receipts,  and  the  railroad  I 
company  paying  the  same  shall  file  one 

;  receipt  with  the"  Auditor,  who  shall  charge 
the  commissioner  with  the  amount,  and 

■  when  the  commissioner  shall  surrender  to  J 
i  the  Auditor  the  bonds  or  coupons,  he  shall  j 
>  receive  credit  for  the  same  on  the  books  of  j 
I  the  Auditor. 

Third — The  tax  of  sixteen  and  two-thirds 
per  cent. .  to  be  paid  by  the  North  Missouri 
Railroad  Company,  shall  be  paid  to  the  com-  ' 
missioner  aforesaid  in  the  manner  prescribed 
for  the  payment  to  the  Pacific  Railroad  Com- 
pany, and  shall  be  by  him  invested  in  like 
manner  as  prescribed  "to  the  Pacific  Railroad 
i  Company,  to  wit:  to  buying  up  the  State 
bonds  and  paying  off  the  coupon-  issued  to 
the  Xorth  Missouri  Railroad  Company,  and 
the  commissioner  and  Auditor  shall  give 
receipts  and  credits  to  the  Xorth  Missouri  . 


Railroad  Company  in  the  manner  herein- 
before prescribed  to  the  said  Pacific  Railroad 
Company. 

Fourth — The  tax  of  sixteen  and  two-thirds 
per  cent.,  to  be  paid  by  the  j$t.  Louis  and 
Iron  Mountain  Railroad  Company,  shall  be 
paid  to  the  commissioner  aforesaid  in  the 
manner  prescribed  to  the  Pacific  Railroad 
Company,  and  shall  be  by  him  invested  in 
like  manner  as  prescribed  to  the  Pacific- 
Railroad  Company,  in  buying  up  the  State 
bonds  and  coupons  issued  to"  the  St.  Louis 
andiron  Mountain  Railroad  Company,  and 
the"  commissioner  and  Auditor  shall  give 
receipts  and  credits  to  the  St.  Louis  and  Iron 
Mountain  Railroad  Company,  as  hereinbefore 
prescribed  to  the  said  Pacific  Railroad  Com- 
pany . 

Fifth— The  Hannibal  and  St.  Joseph  Rail- 
road Company  shall  pay  to  the  said  commis- 
sioner the  tax"  of  sixteen  and  two-thirds  per 
cent.,  as  required  in  section  first,  and  the 
money  paid  in  on  account  of  said  tax  shall 
be  by"  him  invested  in  purchasing  the  bonds 
of  the  State  issued  to  the  Hannibal  and  St. 
Joseph  Railroad  Company,  and  the  interest 
on  said  bonds  shall  be  paid  by  said  company 
as  it  becomes  due.  and  the  forfeiture  of  their 
charter,  to  which  the  Hannibal  and  St. 
Joseph  Railroad  Company  is  liable  for  having 
failed  to  pay  the  amount  stipulated  by  law 
into  the  -inking  fund  of  the  State,  is  hereby 
waived,  so  long  as  the  said  company  shall 
pay  the  said  annual  tax  of  sixteen  and  two- 
thirds  per  cent,  and  the  interest  on  the 
bonds,  until  all  State  bonds  issued  to  said 
company  shall  be  canceled. 

Sixth — The  railroad  companies  herein- 
before named  are  hereby  authorized  to  col- 
lect twenty  per  cent,  more  for  freight  and 
passengers  than  their  ordinary  rates,  to 
reimburse  themselves  for  the  tax  herein- 
before imposed  on  then-  gross  receipts . 

Seventh — As  soon  as  the  State  indebtedness, 
present  and  contingent,  for  bonds  issued  to 
the  railroads  aforesaid,  shall  be  reduced  to 
the  sum  of  fifteen  minimis  of  dollars,  the  tax 
of  sixteen  and  two-thirds  per  cent,  herein- 
before imposed  shall  cease,  provided  it  shall 
be  deemed  expedient  by  the  I  reneral  Assem- 
bly, and  the  privilege  "given  to  the  roads  of 
collecting  twenty  percent,  from  freight  and 
passengers  in  addition  to  their  ordinary 
charges  shall  also  cease,  and  the  different 
railroad  companies  shall  simply  be  held 
liable  to  pay  both  principal  and  "interest  of 
the  bonds  granted  to  them  by  the  State,  or 
guaranteed  by  the  State,  as  it"  shall  mature. 

Eighth— It  shall  be  lawful  for  the  four  rail- 
roads named  in  the  first  section  to  exchange 
their  own  bonds  for  the  first  mortgage  bonds 
of  the  State,  or  the  first  mortgage  bonds  ot 
the  Southwest  Branch,  guaranteed  by  the. 
State,  with  coupons  attached;  each  road, 
however,  only  for  such  bonds  as  were  issued 
for  same,  and  such  bonds  issued  by  any  ot 
the  four  roads,  shall,  upon  the  return  to"  the 
Auditor  of  the  State  of  the  State  bonds .  or 
bonds  guaranteed  by  the  State,  participate, 
pro  rata,  in  the  security  the  State  now  holds 


70 


on  the  roads,  but  no  sale  of  any  of  the  four 
roads  named  in  section  first,  under  the 
mortgage  to  the  State,  shall  take  place  be- 
fore the  year  1875,  provided  they  comply 
with  the  injunction  hereinbefore  imposed  on 
them  to  pay  Annually  the  tax  of  sixteen  and 
two-third  percent.,  nor  shall  the  exchange 
of  bonds,  as  provided  for  in  this' section,  be 
compulsory  on  the  roads. 

Ninth  —  The  office  of  road  commissioner 
shall  be  abolished  when  the  railroad  in- 
debtedness shall  be  reduced  to  fifteen  mil- 
lions of  dollars. 

Bank  Stock  Owned  by  the  State. 

The  commissioner  to  be  appointed  under 
section  second  of  article  on  Railroad  Indebt- 
edness,  is  hereby  authorized,  with  the  con- 
currence of  the  'Governor,  whenever  in  his 
judgment  it  shall  be  deemed  expedient,  to 
sell  the  stock  of  the  Bank  of  the  State  of 
Missouri,  owned  by  the  State,  and  deposit 
the  proceeds  in  the  treasury  of  the  State,  to 
be  used  in  liquidating  the  military  bonded 
indebtedness  of  the  State,  and  for  no  other 
purpose  whatever. 

ARTICLE  II. 

Taxes , 

First— In  addition  to  the  taxes  already 
levied  by  law,  there  shall  be  levied  and  col- 
lected, in  October,  in  the  year  18G6,  and 
yearlj-  thereafter,  until  it  shall  cease  as  pro- 
vided in  section  second,  a  tax  of  one-half  of 
one  per  centum  per  annum,  on  all  property-, 
real  and  personal,  in  the  State  (except  prop- 
erty belonging  to  the  United  States  or  this 
State),  property  belonging  to  any  munici- 
pal corporation  in  this  State,  or'  property 
belonging  to  any  county,  or  property  belong- 
ing to  the  Board  of  President  and  Directors 

of  St.  Louis  Public  Schools,  provided 

all  property  belonging  to  said  Board  of  Pub- 
lic Schools,  which  shall  be  leased  for  a  period 
of  over  live  years,  shall  be  liable  to  tax  as 
other  property.  Public  cemeteries  shall  be 
exempt  from  taxation,  and  all  personal  prop- 
erty owned  by  the  Pacific  Railroad  Company, 
the  North  Missouri  Railroad  Company,  the 
St.  Louis  and  Iron  Mountain  Railroad  Com- 
pany, and  the  Hannibal  and  St.  Joseph  Rail- 
road Company,  shall  be  exempt  from  taxa- 
tion—  provided  said  companies  comply  with 
section  first  of  Railroad  Indebtedness  — until 
the  liabilities  of  these  several  corporations  to 
the  State  shall  be  reduced  to  fifteen  millions 
of  dollars ,  and  no  longer . 

Second — The  taxes  to  be  paid  of  one-half 
of  one  per  cent.,  provided  for  in  the  first 
section,  shall  be  paid  only  in  the  national 
currency  of  the  United  States,  or  in  the  cur- 
rency issued  by  any  bank  authorized  by  act  of 
Congress,  denominated  "National  Banks; " 
or  in  the  bonds  of  the  State,  other  than  bonds 
issued  to  the  several  railroads;  in  defense 
warrants,  or  in  military  bonds,  or  in  any  other 
authorized  bonded  indebtedness  of  the  State. 
And  when  the  indebtedness  of  the  State — 
whether  it  be  in  bonds  proper,  military  bonds, 


defense  warrants,  or  floating  indebtedness- 
shall  be  paid  off,  then  this  tax  of  one-half  of 
one  per  cent,  shall  cease;  and  should  the 
Government  of  the  United  States  pay  off  or 
assume  the  payment  of  the  military  debt  of 
the  State,  then  the  tax  shall  be  reduced  from 
one-half  of  one  per  cent,  to  one-tenth  of  one 
per  cent. 

Third — There  shall  be  levied  and  collected 
annually,  commencing  in  October,  eighteen 
hundred  and  sixty-six,  and  be  continued 
until  the  indebtedness  of  the  State,  present 
and  contingent,  shall  be  reduced  to  five 
millions  of  dollars,  a  tax  of  five  per  cent,  on 
the  gross  cash  premiums  of  all  fire  and 
marine  mutual  insurance  companies,  char- 
tered by  this  State,  having  no  authorized 
corporate  capital  stock;  and  affidavits  shall 
be  filed,  by  the  presidents  of  such  compa- 
nies, with  the  collectors  of  the  several  coun- 
ties where  such  insurance  companies  shall  be 
located,  setting  forth  the  amount  of  pre- 
miums received  by  such  insurance  companies 
within  the  year. 

Fourth — There  shall  be  levied  and  collected 
annually,  commencing  in  October,  eighteen 
hundred  and  sixty-six,  and  be  continued 
until  the  indebtedness  of  the  State,  present 
and  contingent,  shall  be  reduced  to  five 
millions  of  dollars,  from  all  life  insurance 
companies,  whether  chartered  by  this  State, 
or  by  other  States  (when  such  foreign  insur- 
ance companies  shall  have  agencies  in  this 
State),  a  tax  of  five  per  cent'T  on  the  gross 
premiums  realized  during  the  year,  whether 
the  premiums  shall  be  paid  in  money,  or 
contingent  notes  given  for  such  premiums  or 
parts  of  premiums;  and  affidavits  shall  be 
filed,  by  the  presidents  of  such  companies , 
or  the  agents  of  such  companies,  with  the 
collectors' of  the  several  counties  where  such 
insurance  companies,  or  the  agents  of  such 
companies,  shall  be  located,  setting  forth  the 
amount"  of  premiums  received  by  such  life 
insurance  companies,  or  their  agents,  within 
the  year. 

Fifth — Personal  property  in  this  State, 
other  than  that  specified  in  section  fourth, 
owned  by  non-residents  of  this  State,  shall 
not  be  liable  to  taxation . 

Legislative  Prohibitions. 

First — The  General  Assembly  shall  have 
no  power  to  increase  the  present  bonded 
indebtedness  of  the  State,  until  the  said 
bonded  indebtedness  shall  be  reduced  to  the 
sum  of  five  millions  of  dollars;  Provided, 
The  General  Assembly  shall  have  power,  at 
any  time,  to  borrow  money  to  suppress 
insurrection,  repel  invasion,  or  to  defend  the 
State,  in  time  of  civil  or  foreign  war,  and 
may  also  borrow  to  meet  casual  deficiencies 
in  her  revenue,  limited,  however,  to  one 
hundred  thousand  dollars;  or  to  build  a  State 
capital,  in  case  of  removal  of  the  State  capital 
from  its  present  location;  but  such  borrow- 
ing, for  said  latter  purpose,  shall  not  exceed 
five  hundred  thousand  dollars,  and  no  money 
shall  be  borrowed  as  aforesaid  without  the 


71 


General  Assembly  shall  first  levy,  bylaw, 
an  annual  tax,  sufficient  to  pay  such  increase 
of  indebtedness  in  ten  years  from  the  date  of 
the  State's  liability. 

Second — The  General  Assembly  shall  have 
no  power  to  diminish  the  per  centum  tax,  as 
at  present  authorized  by  law,  until  the  bonds 
and  warrants  issued  for  military  purposes, 
and  the  present  floating  debt  of  the  State, 
shall  be  paid. 

Third — The  General  Assembly  shall  have 
no  power  to  grant  acts  of  incorporation  to 
•  individuals,  for  banks  or  other  moneyed  insti- 
;  tutions,  oi'  for  insurance  companies,  or  for 
any  business  purposes,  when  such  acts  shall 
i  provide  for  capital  stock,  without  enjoining 
on  such  corporators  the  payment  of  a  tax  of 
one  per  cent,  per  annum' during  the  con- 
tinuance of  the  charter  on  the  capital  stock 
named  in  the  grant,  and  this  tax  shall  be 
levied  and  collected  in  the  county  in  which 
the  corporation  is  located:  Provided,  when 
railroads  are  incorporated,  the  tax  of  one 
per  cent,  per  annum  shall  be  paid  into  the 
county  treasury  of  St.  Louis. 

Fourth — The  General  Assembly  shall  have 
no  power  to  exempt  from  taxation  any 
property,  real  or  personal,  until,  the  present 
debt  of  the  State  shall  be  reduced  to  live 
millions  of  dollars. 

Legislature . 

It  shall  be  the  duty  of  the  General  Assem- 
bly, at  its  first  session  after  the  adoption  of 
this  Constitution,  to  enact  a  law  dividing 
the  State  into  nine  districts,  each  comprising 
from  twelve  to  thirteen  contiguous  counties ; 
and  also  providing  for  the  appointment  of 
nine  commissioners,  who  shall  hold  their 
office  for  six  years,  whose  duty  it  shall  be 
to  classify  the  lands  of  the  State  and  equalize 
the  value  of  the  same  for  taxation. 

Assessors. 

Assessors  shall  value  all  real  and  personal 
property  at  what  it  will  bring,  in  their 
judgment,  if  sold  at  public  auction  for  cash. 


To  His  Excellency  the  President  of  the  United 
States,  and  the  Honorable  the  Senate  and 
House  of  Representatives  of  the  United  States, 
in  Congress  assembled: 

The  Convention  of  this  State  respectfully 
memorialize  you  to  grant  to  the  State  the 


means  to  -pay  her  military  debt;  and  base 
their  application  on  the  following  facts : 

That  the  whole  of  said  debt  has  been  in- 
curred by  the  State  in  support  of  the  General 
Government  and  the  cause  of  the  Union,  and, 
without  which  expenditure  on  the  part  of 
the  State  the  Government  of  the  United 
States  would  have  had  to  maintain  a  force, 
at  greater  expense,  to  protect  the  Union 
people  of  the  State;  that,  in  their  efforts  to 
remain  in  the  Union  and  to  perpetuate  our 
Government,  our  people  have  had  to  bear 
great  losses  and  burdens,  with  little  ability 
to  bear  up  under  them;  that  our  State  has", 
tor  the  last  four  years,  been  devastated  by 
Avar,  preventing  the  raising  of  crops  or  doing 
anything  to  enable  them  to  pay  taxes;  that, 
in  their  effort  to  reinain  in  the  Union,  this 
State  has  emancipated  her  people  hitherto 
held  in  bondage,  and.  as  a  consequence,  cur- 
tailed a  portion  of  the  labor  of  the  State,  and 
that  this  labor  it  will  take  time  to  replace; 
that,  in  consideration  of  our  condition  and 
the  justice  of  the  claim,  we  earnestly  appeal 
to  the  Government  to  grant,  without  delay, 
the  legislation  necessary  to  enable  us  to  dis- 
charge this  debt  in  full. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Ys "hole, 
to  resume  consideration  of  amendments  to 
the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair,  and 
Mr.  Owens  reported  that  the  committee 
had,  according  to  order,  had  under  consid- 
eration amendments  to  the  Constitution,  and 
especially  the  article  on  Elections,  and  Quali- 
fications of  Voters.  Officers,  and  others,  but 
had  come  to  no  resolution  thereon. 

The  President  caused  to  be  read  a  series  of 
resolutions  adopted  by  a  meeting  of  citizens 
of  Missouri,  held  at  Washington  City,  Jan- 
uary 30.  1865,  complimenting  the  Conven- 
tion on  the  passage  of  the  Emancipation 
Ordinance;  which  were,  on  motion  of  Mr. 
Drake,  laid  on  the  table. 

On  motion  of  Mr.  Drake,  the  Convention 
adjourned  until  Monday  morning  next,  at 
half-past  9  o'clock. 


72 


TWENTY-FIFTH  DAY. 

MONDAY,  February  6th,  18G5. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Dr.  Cox. 

Mr.  Gamble  asked  leave  of  absence  for  his 
colleague,  Mr.  Martin,  which  was  granted. 

Mr.  Holland  stated  that  his  colleague,  Mr. 
Foster,  was  sick,  and  unable  to  attend  the 
Convention. 

On  motion  of  Mr.  Harris,  the  use  of  this 
hall  was  tendered  to  Professor  Kerr,  Super- 
intendent of  the  Deaf  and  Dumb  Asylum  at 
Fulton,  Mo.,  and  he  was  requested  to  give 
an  exhibition  with  his  pupils  here  this  even- 
ing at  half-past  7  o'clock. 

On  motion  of  Mr.  Holland,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Gilbert  of  Platte  reported 
that  the  committee  bad,  according  to  order, 
had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article 
on  Elections,  and  Qualifications  of  Voters, 
Officers  and  others,  but  had  come  to  no 
resolution  thereon. 

On  motion  of  Mr.  Owens,  the  Convention 
adjourned  until  half-past  2  o'clock  P.  M. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjourn- 
ment, the  President  in  the  chair. 

Mr.  Leonard,  Chairman  of  the  Commit- 
tee on  Boundaries,  presented  the  following 


report,  which  was  read  for  information, 
and,  on  motion  of  Mr.  Folmsbee,  received 
and  laid  upon  the  table : 

The  Committee  on  Boundaries,  to  which 
was  referred  the  first  article  of  the  Constitu- 
tion, have  the  honor  to  report  that,  inas- 
much as  the  boundaries  of  the  State  can  not 
be  affected  by  the  act  of  the  Convention, 
depending,  as  they  do,  upon  the  acts  of 
Congress  and  the  decision  of  the  Supreme 
Court  of  the  United  States,  and  in  order  to 
avoid  the  difficulties  which  the  slightest  error 
in  the  definition  of  the  same  might  occasion , 
it  is,  in  the  opinion  of  your  committee, 
expedient  that  the  example  of  the  majority 
of  the  States  be  followed,  and  the  article  on 
boundaries  be  omitted  in  the  new  Constitu- 
tion. R.  LEONARD,  Chairman. 

Mr.  Owens  introduced  a  communication 
from  M.  Munson  to  the  Governor  of  this 
State,  in  relation  to  the  prohibition  of  lot- 
teries, which  was  read  for  information,  and 
referred  to  the  Committee  on  Legislative 
Department . 

On  motion  of  Mr.  Holland,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Williams  of  Scotland  re- 
ported that  the  Committee  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the  arti- 
cle on  Elections  and  Qualifications  of  Voters, 
Officers,  and  others,  but  had  come  to  no 
resolution  thereon , 

On  motion  of  Mr.  Mitchell,  the  Conven- 
tion adjourned  until  half-past  9  o'clock 
to-morrow  morning. 


75 


TWENTY-SIXTH  DA.Y. 


The  Convention  met  pursuant  to  adjourn- 
ment, the  President  in  the  chair. 
Prayer  by  Rev.  Dr .  Armstrong . 

On  motion  of  Mr.  Folmsbee,  the  special 
order  of  the  day,  being  the  Declaration  of 
Rights,  was  postponed,  and  the  Convention 
proceeded  to  the  consideration  of  the  article 
on  the  Militia. 

Mr.  Gilsteap  offered  the  following  amend- 
ment thereto: 

Amend  section  one.  first  line,  by  inserting 
after  the  word  "all, "  the  word  ••  able- 
bodied  . ' ' 

On  which.  Mr.  Dodsox  demanded  the 
ayes  and  noes:  which  being  taken,  the 
amendment  was  adopted,  by  the  following- 
vote  : 

Ayes— Messrs,  Bedford.  Bush.  Childress, 
Cowclen.  Davis  of  Xew  Madrid.  Dodson, 
Drake,  Ellis.  Esther.  Folmsbee.  Gamble, 
Gilbert  of  Platte.  Gil  strap,  (Trammer.  Green. 
Harris.  Holcomb,  Hughes.  Hume.  King, 
i  Linton.  Mack.  Morton.  Nixdorf,  Rankin, 
Smith  of  Mercer.  Strong,  Sutton,  and  Wil- 
i  Bams  of  Caldwell— 29. 

Noes — Messrs.  Bonham.  Budd,  Bunce, 
Davis  of  Xodaway,  D'Oeneh,  Evans,  Filley, 
Fulkerson,  Gilbert  of  Lawrence.  Hender- 
son, Holland.  Husmann,  Leonard,  McPher- 
son,  Meyer.  Mitchell.  Xewgent,  Owens, 
Peck.  Rohrer.  Swearingen,  Thilenius, 
Weatherby,  Williams  of  Scotland,  and  Mr. 
President — 25. 

Absent — Messrs.  Adams.  Barr,  Clover. 
Fletcher,  Foster.  Holdsworth.  McKernan, 
Martin,  St.  Gem.  Smith  of  Worth,  and 
Switzler— 11 . 

On  motion  of  Mr.  Krekel.  the  article  on 
Militia  was  referred  to  the  Committee  on 
Revision,  for  correction  and  printing. 

Mr.  Hus^eixx  offered  the  following  reso- 
lution, which  was  unanimously  adopted: 

Resolved.  That  this  Convention  hails  with 
joy  the  passage  of  the  Constitutional  Amend- 
ment by  the  Congress  of  the  United  States, 
which  shall,  if  ratified  by  the  action  of  the 
States,  as  we  hope  and  trust  it  will,  prohibit 
slavery  forever  in  this  country,  and  make  it 
free  in  fact. 

On  motion  of  Mr.  "Willi  avts  of  Caldwell, 
a  copy  of  this  resolution  was  directed  to  be 


TUESDAY.  Feberuay  7th.  1S65. 

forwarded  to  the  President  of  the  United 
States ,  and  also  to  the  Governors  of  each  of 
the  States. 

Mr.  Owens  moved  to  postpone  the  special 
order  of  the  day  —  being  the  article  on 
Declaration  of  Rights — until  next  Saturday 
at  10  o'clock  a.  m.  .  which  was  agreed  to. 

On  motion  of  Mr.  Hollaxd.  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  sonu-  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Fileey  reported  that  the 
committee  had,  according  to  order,  had 
under  consideration  the  amendments  to  the 
Constitution,  and  particularly  the  article  on 
Elections  and  Qualifications  of  Voters, 
Officers  and  others,  but  had  come  to  no 
resolution  thereon. 

Mr.  Deake.  Chairman  of  the  Committee 
on  Revision,  reported  back  the  article  on 
Militia,  as  corrected  :  which  report  was 
accepted,  and  on  motion,  the  article  was 
ordered  to  be  printed. 

On  motion,  the  Convention  adjourned  until 
half-past  2  o'clock  P.  M. 

AFTERXOOX  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Hollaxd.  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  the  consideration  of  the 
amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President 
resumed  the  chair,  and  Mr.  Steoxg  re- 
ported that  the  committee  had.  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Elections  and  Qualifications  of 
Voters.  Officers  and  others,  but  had  come  to 
no  resolution  thereon . 

On  motion  of  Mr.  Peck,  the  Convention 
adjourned  until  half-past  9  o'clock  to-mor- 
row morning:. 


74 


TWENTY-SEVENTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  MeCook. 

Mr.  Green  asked  leave  of  absence  for 
Mr.  Gilstrap  till  Saturday  next,  which  was 
granted . 

On  motion  of  Mr.  Williams  of  Caldwell, 
the  Convention  resolved  itself  into  a  Com- 
mittee of  the  Whole,  to  resume  consideration 
of  amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President  re- 
sumed the  chair,  and  Mr.  Davis  of  Noda- 
way reported  that  the  committee  had,  ac- 
cording to  order,  had  under  consideration 
amendments  to  the  Constitution,  and  par- 
ticularly the  article  on  Elections  and  Quali- 
fications of  Voters,  Officers  and  others,  but 
had  come  to  no  resolution  thereon. 

On  motion,  the  Convention  proceeded  to 
the  consideration  of  the  article  on  Militia. 

Mr.  Evans  offered  the  following  substitute 
for  the  first  section : 

The  militia  of  this  State  shall  be  composed 
of  all  male  inhabitants  of  the  State  of  Mis- 
souri, who  are  citizens  of  the  United  States, 
or  who  have  declared  their  intention  of  be- 
coming citizens  of  the  United  States,  between 
the  ages  of  eighteen  and  forty-five  years, 
except  such  as  are,  or  who  may  hereafter  be, 
exempt  by  the  laws  of  the  United  States,  or 
of  this  State. 

Mr.  Williams  of  Caldwell  offered  the  fol- 
lowing amendment  to  the  substitute: 

Amend  by  inserting  the  word  ' 4  white  ' ' 
before  the  word  ' 4  male. ' ' 

On  motion,  the  amendment  of  Mr.  Wil- 
liams was  rejected. 

Mr.  Owens  offered  the  following  amend- 
ment to  the  substitute: 

Amend  by  striking  out  the  words  k '  of  the 
United  States  or,  "  in  the  last  line. 

Which  was  adopted. 

Mr.  Green  offered  the  following  amend- 
ment to  the  substitute,  which  was  accepted 
by  Mr.  Evans: 

Amend  by  striking  out  4  4  the  laws  of  this 
State, ' '  and  substituting  the  word  4 '  law. ' ' 

Mr.  Switzler  offered  the  following  amend- 
ment to  the  substitute,  upon  which  he  de- 
manded the  ayes  and  noes: 


WEDNESDAY ,  February  8th,  1865. 

Add  at  the  end  of  the  section  as  follows: 
4  '■Provided,  That  all  white  males  who  by  the 
Constitution  or  laws  of  this  State  are  dis- 
franchised, are  exempt  from  military  «duty . ' ' 

The  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Gilbert  of  Platte,  Harris, 
Morton,  and  Switzler — 4. 

Noes — Messrs.  Bunce,  Bush,  Childress, 
Cowden,  Davis  of  Nodaway,  Dodson, 
D'Oench,  Drake,  Ellis,  Esther,  Filley, 
Fletcher,  Folmsbee,  Fulkerson,  Gamble, 
Gilbert  of  Lawrence,  Grammer,  Green, 
Henderson,  Holcomb,  Holland,  Hughes, 
Hume,  Husmann,  King,  Leonard,  Linton, 
McKernan,  McPherson,  Mack,  Martin, 
Meyer,  Mitchell,  Newgent,  Nixdorf,  Owens, 
Peck,  Xiankin,  Iiohrer,  Smith  of  Mercer, 
Strong,  Sutton.  Swearingen,  Thilenius, 
Weatherby,  and  Williams  of  Caldwell— 46. 

Absent— Messrs.  Adams,  Barr,  Bedford, 
Bonham,  Budd,  Clover,  Davis  of  New  Ma- 
drid, Evans,  Foster,  Gilstrap,  Holds  worth, 
St.  Gem,  Smith  of  Worth,  Williams  of  Scot- 
land, and  Mr.  President — 15. 

So  the  amendment  was  rejected. 

On  motion,  the  substitute,  as  amended, 
was  rejected. 

Mr.  Harris  offered  the  following  amend- 
ment : 

Add  to  section  first,  4  4  except  those  who 
are  in  the  service  of  the  United  States,  or 
who  have  furnished  a  substitute. ' ' 

Mr.  Bush  offered  as  a  substitute  for  this 
amendment  the  following: 

Strike  out  the  words  4  4  able-bodied, '  ■  and 
add  to  the  end,  k  4  except  only  such  persons 
as  may  be  exempt  by  law. ' ' 

On  motion,  the  substitute  was  rejected. 

On  motion,  the  amendment  offered  by 
Mr.  Harris  was  rejected. 

Mr.  Green  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  by  adding  to  section  one  the  words, 
4  4  except  as  may  be  provided  by  law. ' ' 

Mr.  Holcomb  moved  that  section  second 
be  stricken  from  the  bill . 

On  which  motion,  Mr.  Meyer  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes  — Messrs.  Bunce,  Bush,  Cowden, 
Davis  of  Nodaway,  Dodson.  Drake,  Esther, 
Fulkerson,  Gilbert  of  Lawrence,  Green.  Hen- 
derson, Holcomb,  Holland,  Hume,  King, 
Linton.  Mack,  Morton,  Nixdorf.  Owens, 
Peek,  Rankin,  and  Weatherby— 23. 

Noes  — Messrs.  Budd,  Davis  of  New  Ma- 


75 


drid,  D'Oench,  Ellis,  Filley,  Fletcher, 
Folmsbee,  Gamble.  Gilbert  of  Platte,  Gram- 
mer,  Harris,  Hughes,  Husmann,  Leonard, 
McKernan,  McPherson,  Martin,  Meyer, 
Mitchell,  Newgent,  Smith  of  Mercer,  Strong, 
Sutton,  Swearingen.  and  Thilenius — 25. 

Absent— Messrs.  Adams,  Barr,  Bedford, 
Bonham,  Childress.  Clover,  Evans,  Foster, 
Gilstrap,  Holdsworth,  Rohrer,  St.  Gemj 
Smith  of  Worth,  Switzler,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—17. 

So  the  motion  to  strike  out  the  second  sec- 
tion was  rejected. 

Mr.  Thilenius  offered  the  following  sub- 
stitute for  section  second: 

The  militia  shall  be  divided  into  two  classes. 
The  first  class  shall  be  styled  4  'The  National 
Guards, ' '  and  shall  consist  of  ail  unmarried 
persons,  subject  to  military  duty,  between 
the  ages  of  eighteen  and  twenty-five  years, 
and  ali  unmarried  persons,  subject  to  such 
duty,  between  the  ages  of  eighteen  and  forty- 
five  years;  the  second  class  shall  be  styled 
;  "The  Reserves/'  and  shall  consist  of  all 
married  persons,  subject  to  such  duty,  be- 
tween the  ages  of  twenty-five  and  forty-five 
years . 

Wnich  substitute  was,  on  motion,  rejected.  I 
Mr.  Husmann  offered  the  following  amend-  j 
ment,  which  was  adopted: 

Amend  section  second  by  striking  out  the 
word  "twenty-three"  wherever  it  occurs, 
and  insert  in  lieu  thereof  the  word  k  'twenty- 
live.'' 

Mr.  Mack  offered  the  following  amend- 
ment : 

Amend  section  fourth,  first  line,  by  striking 
out  the  word  *  'company, ' '  and  insert  in  place 
thereof  the  word  '  kall ; "  and  in  second  hue  of 
section  four,  strike  out,  after  the  word 
•  'respective, ' '  the  word  '  'companies. ' '  and 
insert  in  place  thereof  the  word  "com- 
mands. ' ' 

Pending  which,  on  motion  of  Mr.  Folms- 
bee, the  Convention  adjourned  until  half- 
past  2  o'clock  P.  M. 


AFTERNOON  SESSION. 

t  Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Holland  demanded  the  ayes  and  noes 
on  the  amendment  offered  by  Mr.  Mack, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Bedford,  Childress,  Cow- 
den,  Davis  of  New  Madrid,  Esther,  Folms- 
bee. Fulkerson,  Gilbert  of  Lawrence.  Gilbert 
of  Platte,  Grammer,  Harris,  Henderson, 
Holland,  Hume,  Mack.  Mitchell,  and  Mor- 
ton—17. 


Noes — Messrs.  Bucld.  Bush,  Davis  of  Nod- 
away, Dodson,  Drake  ,  Ellis,  Filley,  Fletcher, 
Gamble,  Green,  Holcomb,  Hughes,  Hus- 
mann, King,  Leonard.  Linton,  McKernan, 
McPherson,  Martin,  Meyer,  Newgent.  Nix- 
dorf,  Owens,  Peck,  Sutton,  Swearingen, 
Switzler,  Thilenius.  Weatherbv,  and  Wil- 
liams of  Caldwell— 30. 

Absent — Messrs.  Adams,  Barr,  Bonham, 
Bunce,  Clover.  D'Oench,  Evans.  Foster, 
Gilstrap,  Holdsworth,  Rankin.  Rohrer,  St. 
Gem,  Smith  of  Mercer,  Smith  of  Worth. 
Strong,  Williams  of  Scotland,  and  Mr.  Presi- 
dent—18. 

Mr.  Owens  offered  the  following  amend- 
ment, upon  which  he  demanded  the  ayes 
and  noes : 

Strike  out  in  fourth  section  the  words 
"company  officers  shall  be  elected  by  ballot 
by  the  members  of  their  respective  com- 
panies," in  first  and  second  lines,  and  in- 
sert the  word  "commissioned"  before  the 
word  "officers' '  in  second  line. 

The  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Fletcher,  Green,  Holcomb. 
Leonard,  and  Owens — 5. 

Noes — Messrs.  Bedford,  Bonham.  Budd, 
Bunce,  Bush.  Childress,  Davis  of  Nodaway, 
Dodson,  Drake,  Ellis,  Esther.  Filley,  Folms- 
bee. Fulkerson,  Gamble,  Gilbert  of  Law- 
rence, Gilbert  of  Platte,  Grammer,  Harris. 
Henderson,  Holland,  Hughes,  Plume.  Hus- 
mann, King,  Linton,  McKernan.  McPher- 
son, Mack,  Martin.  Meyer.  Mitchell,  Mor- 
ton, Newgent,  Nixdorf,  Peck,  Rankin. 
Rohrer,  Smith  of  Mercer.  Swearingen,  Thi- 
lenius. Weatherby.  and  Williams  of  Cald- 
well—43. 

Absent — Messrs.  Adams,  Barr,  Clover, 
Cowden.  Davis  of  New  Madrid.  D'Oench. 
Evans.  Foster.  Gilstrap.  Holdsworth,  St. 
Gem,  Smith  of  Worth.  Strong.  Sutton, 
Switzler.  Williams  of  Scotland,  and  Mr. 
President— 17. 

So  the  amendment  was  not  adopted. 
Mr.   Weatherby  offered   the  following 
amendment,  which  was  rejected: 

Insert  after  the  word  '-Governor,"  in 
line  third,  k4on  recommendation  of  the  line 
officers . ' ' 

Mr.  Hollaxd  offered  the  following  amend- 
ment : 

Amend  section  four  by  striking  out  after  the 
word  "companies,"  in  second  line,  all 
down  to  the  word  '  -  commanding. ' '  in  third 
line,  and  insert  in  lieu  thereof.  * 'field  offi- 
cers by  the  company  officers  of  their  com- 
mand, and  brigadier  generals  by  the  field 
officers  of  their  respective  militarv  dis- 
tricts." 

Mr.  Hollaxd  demanded  the  ayes  and  noes 
on  his  amendment,  which  being  taken,  the 
vote  stood  as  follows : 


76 


Ayes — Messrs.  Bedford,  Bush,  Childress, 
Cowden,  Dodson,  Esther,  Folmsbee,  Ful- 
kerson,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Grammer,  Hams,  Henderson,  Hol- 
land, Hughes,  Hume,  Mack,  Mitchell,  Mor- 
ton, Smith  of  Mercer,  and  Swearingen — 21. 

Noes — Messrs.  Bonham,  Budd,  Bunce, 
Davis  of  Nodaway,  Drake,  Ellis,  Fletcher, 
Gamble,  Green,  Holcomb,  Husmann,  King, 
-Leonard,  McKernan,  McPherson,  Newgent, 
Nixdorf,  Owens,  Peck,  Rankin,  Rohrer, 
Thilenius,  Weatherby,  and  Williams  of 
Caldwell— 24. 

Absent — Messrs.  Adams,  Barr,  Clover, 
Davis  of  New  Madrid,  D'Oench,  Evans, 
Filley,  Foster,  Gilstrap,  Holdsworth,  Lin- 
ton, Martin,  Meyer,  St.  Gem,  Smith  of 
Worth,  Strong,  Sutton,  Switzler,  Williams 
of  Scotland,  and  Mr.  President— 20. 

So  the  amendment  was  rejected. 
Mr.  Rankin  offered  the  following  as  a 
substitute  for  section  four: 

Officers  of  the  militia  shall  be  elected,  or 
appointed  and  commissioned,  in  such  a  man- 
ner as  may  be  approved  by  law .  Command- 
ing officers  of  battalions /regiments,  or  bri- 
gades, shall  select  their  own  respective  staff 
officers . 

Which  was,  on  motion,  rejected. 

The  question  being  on  the  passage  of  the 
fourth  section,  Mr.  Mack  demanded  the  ayes 
and  noes,  which  being  taken,  the  vote  stood 
as  follows : 


Ayes — Messrs.  Bonham,  Bunce,  Bush, 
Cowden,  Davis  of  Nodaway,  Drake,  Ellis,  ( 
Filley,  Fletcher,  Gamble,  Green,  Hender-b 
son,  Holcomb,  Husmann,  King,  Leonard, 
McKernan,  McPherson,  Meyer,  Newgent, 
Nixdorf,  Owens,  Peck,  Rohrer,  Swearingen, 
and  Sutton — 26. 

Noes— Messrs.  Bedford,  Childress.  Davis 
of  New  Madrid,  Dodson,  Esther,  Evans, 
Folmsbee,  Fulkerson,  Gilbert  of  Lawrence,  I 
Gilbert  of  Platte,  Grammer,  Harris,  Hol- 
land, Hughes,  Hume,  Mack,  Mitchell,  Mor- 
ton, Rankin,  Smith  of  Mercer,  Weatherby, 
and  Williams  of  Caldwell— 22. 

Absent— Messrs.  Adams,  Barr,  Budd, 
Clover,  D'Oench,  Foster,  Gilstrap,  Holds- 
worth,  Linton,  Martin,  St.  Gem,  Smith  of 
Worth,  Strong,  Sutton,  Switzler,  Williams 
of  Scotland,  and  Mr.  President — 17. 

So  the  fourth  section  was  adopted. 

Mr.  Clover  moved  that  the  Convention 
adj  ourn .    Motion  lost . 

Mr.  Bedford  offered  the  following  amend- 
ment : 

Amend  by  striking  out  sections  number  2, 
3,  4,  5,  7  and  8,  and  insert  in  the  sixth  sec-  j 
tion,  after  the  word  "discipline,"  in  the  < 
first  line,  the  words  4  'and  officering. ' ' 

On  motion,  the  Convention  adjourned 
until  half-past  9  o'clock  to-morrow  morn- 
ing. 


TWENTY-EIGHTH  D.A.Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  pending  amendment,  offered  by  Mr. 
Bedford  to  the  Militia  bill,  was  taken  up. 

Mr.  Williams  of  Caldwell  offered  the  fol- 
lowing amendment  to  Mr.  Bedford's  amend- 
ment: "Retain  section  eight,"  which  was 
accepted  by  Mr.  Bedford. 

Mr.  Owens  called  for  a  division  of  the 
question,  so  that  the  vote  could  be  taken  by 
single  sections. 

The  President  decided  the  call  out  of 
order. 

Mr.  Owens  appealed  from  the  decision  of 
the  President,  and  the  Convention  sustained 
the  President's  decision. 


THURSDAY,  February  9th,  1865. 


Mr.  Meyer  demanded  the  ayes  and  noes 
on  the  pending  amendment,  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Bedford,  Childress,  Cow- 
den, Davis  of  New  Madrid,  Dodson,  Drake, . 
Ellis,  Esther,  Evans,  Fletcher,  Folmsbee, 
Fulkerson,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Grammer,  Green,  Harris,  Hender- 
son, Holland,  Hughes,  Hume,  Husmann, 
King,  Linton,  McKernan,  McPherson,  Mack, 
Mitchell,  Morton,  Nixdorf,  Owens,  Rankin, 
Smith  of  Mercer,  Switzler,  Thilenius, 
Weatherby,  and  Williams  of  Caldwell— 37 . 

Noes — Messrs.  Bonham,  Budd,  Bunce, 
Davis  of  Nodaway,  D'Oench,  Filley,  Gamble, 
Holcomb,  Leonard,  Martin,  Meyer,  New- 
gent, Peck,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen,  Williams  of  Scotland,  and  Mr. 
President — 19. 


77 


..a  Absent  —  Messrs.  Adams,  Barr,  Bush, 
-Clover,  Foster,  Gilstrap,  Holdsworth, 
I  ttohrer,  and  St .  Gem — 9 . 

4    So  the  amendment  was  adopted. 

Mr.  Green  offered  the  following  amend- 
ment: 

Amend  by  striking  out  all  after  the  second 
V  section,  and  adopt  the  following  in  lieu 
j'  Thereof : 

4  Section  3.  The  General  Assembly  shall 
provide  by  law  for  the  organization"  of  the 
inilitia  into  companies,  battalions,  regiments, 

jj  iiid  brigades  or  divisions ;  for  the  oflicerin^ 

>.  if  the  same,  and  for  their  pay.  when  called 

•  nto  active  service . 

i  Sec.  4.  There  shall  be  no  higher  grade 
than  a  major  general;  the  number  of  major 
renerals  sliall  not  exceed  two,  and  of  briga- 
liier  generals  not  exceeding-height. ^ 

1  On  motion  of  Mr.  Green,  the  question  was 
Divided,  and  the  vote  ordered  on  section 

:  :hree;  on  which,  Mr.  Meyer  demanded  the 
Byes  and  noes,  which  being  taken,  the  vote 
stood  as  follows : 

1  Ayes — Messrs.  Gamble,  Green,  and  Mr. 
P  President — 3. 

^oes— Messrs.  Bedford.  Bonham.  Budd, 
Bunee.  Bush,  Childress.  Cowden,  Davis  of 
j  New  Madrid.'  Davis  of  Nodaway,  Dodson, 
'jD'Oench,    Drake,    Ellis,    Esther,  Evans, 
"(Filley.  Fletcher.  Folmsbee,  Fulkerson,  Gil- 
pert  of  Lawrence,  Gilbert  of  Platte,  Grani- 
mer.  Harris,  Henderson,  Holcomb.  Holland, 
| Hughes,  Hume,  Husmann.  King,  Leonard, 
i  Linton,    McKernan,    McPherson,  Mack, 
Martin.  Meyer.  Mitchell,  Morton.  Xewgent, 
Xixdorf,  Owens.  Peck.  Rankin,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen,  Switzler,  Thilenius.  YVeatherbv, 
Williams  of  Caldwell,  and  Williams  of  Scot- 
land— 5-4. 

i  Absent— Messrs.  Adams.  Barr,  Clover, 
Foster.  Gilstrap,  Holdsworth,  Rohrer,  and 
I  St.  Gem— 8. 

'  So  section  third  of  the  amendment  was 
!  rejected. 

Mr.  Green  then  withdrew  the  fourth  sec- 
tion of  his  amendment. 

Mr.  Eelis  offered  the  following  amend- 
ment ,  which  was  adopted : 

Amend  section  second  by  striking  out  the 
Word  •  •  thirty-rlve. ' '  in  filth  line,  and  insert ' 
in  lieu  thereof  the  word  •  'forty-five ; ' '  also  ! 
strike  out  all  after  the  word  "of,  "in  the  j 
sixth  line,  to  the  word  •  -  all. ' '  in  the  seventh 
|  line. 

On  motion  of  Mr.  Drake,  the  article  on 
Militia  was  ordered  to  be  engrossed  for  a  ! 
:  third  reading . 

On  motion  of  Mr.  Drake,  the  Convention  j 
[resolved  itself  into  a  Committee  of  the; 


Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President  re- 
sumed the  chair,  and  Mr.  Owens  reported  a 
substitute,  offered  by  Mr.  Krekel,  for  the 
eighteenth  and  twenty-sixth  sections  of  the 
article  on  Elections  and  Qualifications  of 
Voters,  Officers,  and  others,  with  the  recom- 
mendation that  said  substitute  be  printed; 
and  further  reported,  that  the  Committee  had 
had  under  consideration  the  article  on  the 
Judicial  Department,  but  had  come  to  no 
resolution  thereon. 

Mr.  Drake  moved  that  the  substitute  re- 
ported by  the  committee  be  printed,  accord- 
ing to  the  recommendation  of  the  Committee, 
which  motion  was  adopted. 

On  motion  of  Mr.  Gilbert  of  Lawrence, 
the  Convention  adjourned  until  half-past  2 
o'clock  P.  M. 

AFTERXOOX  SESSIOX. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  President  announced  the  following 
gentlemen  as  the  Engrossing  Committee  : 
Messrs.  Budd,  Ellis,  and  Husmann. 

On  motion  of  Mr.  Owens,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President  re- 
snmed  the  chair,  and  Mr.  Budd  reported 
that  the  Committee  had,  according  to  order, 
had  tinder  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
the  Legislative  Department,  but  had  come  to 
no  resolution  thereon. 

Mr.  D*Oench.  Chairman  of  the  Committee 
to  procure  furniture  and  to  decorate  the  hail, 
submitted  the  following  report: 

The  committee  appointed  to  procure  fur- 
niture and  decorate  the  hall,  beg  leave  most 
respectfully  to  report  that  they  have  dis- 
charged that  duty,  by  accepting  proposition 
of  Mercantile  Library  Hall  Association,  made 
to  Mr.  Drake,  and  furniture  from  H.  H.  Cur- 
tis, as  per  bill  rendered  (8829  25).  which  Mr. 
Curtis  proposes  to  take  back  if  returned  in 
sixty  days  from  the  8th  ot  January,  allowing 
thefefor  the  sum  of  S600. 
Cost  of  furniture  under  above  pro- 
position would  cost  the  State          $229  25 

Parsons  &  Co . .  for  work  in  decora- 
tion of  hall,  and  use  of  flags,  to 
be  returned  within  sixty  days    50  00 

Am't  carried  forward   $279  25 


78 


Am '  t  brought  for wa  rd  $  279  25 

0.  G.  Thalmann&Co.,  stationery..  44  55 

Moody,  Michel  &  Co.,  soap  ....  8  40 

John  'O.  Godding-,  carpenter  work..  12  50 
Warne,  Cheever  &  Co.,  spittoons 

and  sundries   70  60 

F.  Hafkemeyer  &  Co. ,  matting   740  56 


$1,155  86 

We  recommend  the  passage  of  the  follow- 
ing resolution. 

W.  D'OENCII,  Chairman. 

Resolved,  That  the  bills  and  accompanying 
papers  be  turned  over  to  the  Committee  on 


i 

Accounts,  with  instructions  to  audit  and  pay 
the  same. 

On  motion,  the  report  and  accompany- 
ing resolution  were  received  and  adopted. 

On  motion  of  Mr.  Smith  of  Worth,  the 
Secretary  was  authorized  to  procure  one 
hundred  additional  copies  of  the  report  of 
the  Committee  on  the  Legislative  Depart- 
ment, for  the  use  of  the  Convention. 

On  motion  of  Mr.  Bunce,  the  Conven- 
tion adjourned  until  half  past  9  o'clock 
to-morrow  morning. 


TWENTY-NINTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair.  * 

Prayer  by  Rev.  Dr.  Post. 

Leave  of  absence  was  granted  to  Mr. 
Holdsworth  until  Monday  morning. 

Mr.  Smith  of  Worth  offered  the  following 
resolution: 

Resolved,  That  the  reporter  for  the  Demo- 
crat be  expelled  from  this  body. 

After  debate,  Mr.  Smith  of  Worth  with- 
drew his  resolution. 

On  motion  of  Mr.  Budd,  the  folio  wing- 
memorial  was  read  for  information : 

To  His  Excellency  the  President  o  f  the  United 
States,  and  the  Honorable  the  Senate  and 
House  of  Representatives  of  the  United  States, 
in  Congress  assembled: 

The  Convention  of  this  State  respectfully 
memorialize  you,  to  grant  to  the  State  the 
means  to  pay  her  military  debt;  and  base 
their  application  on  the  following  facts: 

That  the  whole  of  said  debt  lias  been  in- 
curred by  the  State  in  support  of  the  general 
government  and  the  cause  of  the  Union,  and 
without  which  expenditure,  on  the  part  of 
the  State,  the  Government  of  the  United 
States  would  have  had  to  maintain  a  force  at 
great  expense  to  protect  the  Union  people 
of  the  State;  that  in  their  efforts  to  remain 
in  the  Union,  and  to  perpetuate  our  govern- 
ment, our  people  have  had  to  bear  great 
losses  and  burthens,  with  little  ability  to 
bear  up  under  them ;  that  our  State  has'  for 
the  last  four  years  been  devastated  by  war, 
preventing  the  raising  of  crops,  or*  doing 
anything  to  enable  them  to  pay  taxes;  that, 
in  "their'effort  to  remain  in  the  Union,  this 
State  has  emancipated  her  people  hitherto 
held  in  bondage,  and,  as  a  consequence,  cur- 


FRIDAY-,  February  10th,  1865. 

tailed  a  portion  of  the  labor  of  the  State,  and 
that  this  labor  it  will  take  time  to  replace; 
that,  in  consideration  of  our  condition 
and  the  justice  of  the  claim,  we  earnestly 
appeal  to  the  Government  to  grant,  without 
delay,  the  legislation  necessary  to  enable  us 
to  discharge  this  debt  in  full. 

On  motion  of  Mr.  Drake,  the  memorial 
was  adopted,  and  the  Secretary  was  ordered 
to  furnish  to  the  President  of  the  United 
States,  and  each  member  of  Congress  from 
this  State,  a  certified  copy  of  the  same. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  the  consideration  of  amendments 
to  the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair, 
and  Mr.  Fulkerson  reported  that  the  com- 
mittee had,  according  to  order,  had  under 
consideration  amendments  to  the  Constitu- 
tion, and  particularly  the  article  on  the 
Legislative  Department,  but  had  come  to  no 
resolution  thereon. 

Mr.  Mack  asked  leave  of  absence  for  Mr. 
Grammer  for  ten  days,  which  was  granted. 

On  motion  of  Mr.  Owens,  the  Convention 
adjourned  until  half-past  2  o'clock  P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Davis  of  Nodaway  demanded  a  call  of 
the  house,  which  was  ordered,  and  the  fol- 
lowing gentlemen  answered  to  their  names : 


79 


|  Messrs.  Budd,  Bunce,  Childress,  Cowden, 
i  Davis  of  Nodaway,  Dodson,  Fletcher, 
iFolmsbee,  Fulkerson,  Gamble,  Gilbert  of 

Lawrence,  Holcomb,  Holland,  Hughes, 
Glume,  Husmaun,  King,  Leonard,  McKer- 
Inan,  Mack,  Martin,  Meyer,  Newgent,  Nix- 

dorf,  Owens,  Peck.  Rankin,  Smith  of  Worth, 
(Sutton,  Swearing*en,  Williams  of  Caldwell, 

and  Mr.  President — 32. 

On  motion,  further  proceedings  under  the 
Icall  were  dispensed  with. 

The  President  caused  to  be  read  for  j 
information  a  letter  from  Colonel  E.  B. 
'Alexander,   respecting  the  United  States 
enrollment  in  this  State. 

Mr.  Smith  of  Worth  asked  for  the  reading 
![of  a  letter  on  the  same  subject,  from  Howard 
T.  Combs,  of  Bethany,  Mo.,  which  was 
read  for  information,  and,  on  motion,  laid 
mi  the  table. 

The  Engrossing  Committee  made  the  fol- 
lowing report: 

Mr.  President— The  Engrossing  Com- 
mittee beg  leave  to  make  the  following  re- 
port: That  they  have  had  the  article  entitled 
an  article  on  Militia  truly  engrossed. 

GEO.  HUSMANX, 

One  of  the  Committee. 

On  motion  of  Mr.  Drake,  the  third  section 
of  the  Militia  bill  was  stricken  out. 

On  motion  of  Mr.  Bush,  the  vote  on 
striking  out  section  third  was  reconsidered. 

Mr.  Drake  then  withdrew  his  motion  to 
•strike  out. 

j  Mr.  Rankin  offered  the  following  amend- 
ment, which  was  read  the  first  and  second 
time,  and  adopted: 

,  Amend  section  third,  first  line,  by  striking 
out  the  words  '  'disciplining  and  officering,  " 
ana  insert  the  words  k>  organizing,  equip- 
ping and  disciplining. " ' 

Mr.  Smith  of  Worth  offered  the  following 
amendment,  which  was  rejected:  • 
Amend  by  striking  out  section  second. 
Mr.  Green  offered  the  following  amend- 
ment, which  was  adopted: 

.  Amend  section  second,  in  fifth  line,  after 
ithe  word  years,  and  insert  "  except  such 
unmarried 'persons  of  the  ages  herein  men- 
tioned as  are  the  sole  support  of  infirm 
parents,  or  a  family,  shall  be  enrolled  with 
i  the  second  class. ' ' 

Mr.    moved  to  reconsider  the  vote 

by  which  section  first  of  the  Militia  bill  was 
'adopted  in  the  Convention,  which  motion 
|was  rejected. 

Mr.  Meyer  offered  the  following  amend- 
ment, which  was  decided  out  of  order: 


Strikeout  all  after  the  word  '  'State,"  in 
first  section  and  last  line. 

On  motion  of  Mr.  Bonham,  the  article  on 
Militia,  as  amended,  was  referred  back  to 
the  Committee  on  Engrossing. 

Mr.  Peck  asked  leave  of  absence  for  Mr. 
Sutton  for  live  days,  which  was  granted. 

Mr.  Owens  asked  leave  of  absence  for  Mr. 
Fletcher  for  two  days,  which  was  granted. 

Mr.  Martin  a.-ked  leave  of  absence  for 
four  days  for  Mr.  Gamble,  which  was 
granted. 

Mr.  Mack  moved  that  Mi*.  Grammer  be 
relieved  from  further  duty  on  the  Committee 
of  Accounts,  which  motion  was  adopted. 

Mr.  Gilbert  of  Platte  asked  leave  of  ab- 
sence for  Mr.  Harris,  which  was  granted. 

Mr.  Meyer  offered  the  following  resolu- 
tion : 

Resolved,  That  the  Committee  on  Accounts 
be,  and  are  hereby,  instructed  not  to  pay 
any  member,  absent  without  leave  after  next 
Tuesday,  for  days  during  which  he  is  so 
absent. 

Mr.  Owens  moved  to  lay  the  resolution  on 
the  table;  on  which  motion,  Mr.  Drake  de- 
manded the  ayes  and  noes,  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Bedford,  Bunce,  Bush, 
Clover,  D"Oench,  Evans,  Fletcher,  Folms- 
bee,  Gamble,  Gilbert  of  Platte,  Green. 
Harris,  Holcomb,  Hughes,  King,  Linton, 
McKernan,  Martin.  Morton,  Vixdorf. 
Owens,  Smith  of  Mercer.  Smith  of  Worth, 
Strong,  and  Weatherby — 25. 

Noes — Messrs.  Bonham,  Budd,  Childress, 
Cowden,  Davis  of  Nodaway,  Dodson,  Drake, 
Filley,  Fulkerson,  Gilbert  of  Lawrence, 
Holland.  Hume,  Husmann,  Mack,  Meyer, 
Newgent,  Peck,  Rankin,  Rohrer,  Sutton, 
Swearingen.  Thilenius,  Williams  of  Cald- 
well. Williams  of  Scotland,  and  Mr.  Presi- 
dent— 25 . 

Absent — Messrs.  Adams,  Barr.  Davis  of 
New  Madrid.  Ellis,  Esther,  Foster.  Gilstrap, 
Grammer,  Henderson,  Holdsworth,  Leonard, 
McPherson,  Mitchell,  St.  Gem,  and  Switz- 
ler — 15 . 

So  the  motion  to  lay  on  the  table  was 
rejected. 

Mr.  Clover  moved  to  adjourn;  on  which 
Mr.  Bonham  demanded  the  ayes  and  noes, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Bedford,  Budd,  Childress, 
Clover,  Cowden,  Dodson,  Evans,  Fletcher. 
Gamble,  Harris,  Hughes,  McPherson,  Mack, 
Martin,  Nixdorf,  Smith  of  Mercer,  Strong, 
Sutton,  and  Williams  of  Scotland — 19. 

Noes — Messrs.  Bonham,  Bunce,  Bush, 
Davis  of  Nodaway,  D'Oench,  Drake,  Filley, 


80 


Folmsbee,  Fulkerson,  Gilbert  of  Lawrence, 
Gilbert  of  Platte,  Green,  Holcomb,  Holland, 
Hume,  Husmann,  King,  Linton,  Meyer, 
Morton,  Newgent,  Owens,  Peck,  Rankin, 
Rohrer,  Smith  of  Worth,  Swearingen, 
Thilenius,  Weatherby,  Williams  of  Cald- 
well, and  Mr.  President— 31 . 

Absent — Messrs.  Adams,  Barr,  Davis  of 
New  Madrid,  Ellis,  Esther,  Foster,  Gilstrap, 
Grammer,  Henderson,  Holdsworth,  Leonard, 
McKernan,  Mitchell,  St.  Gem,  and  Switz- 
ler— 15. 

So  the  Convention  refused  to  adjourn. 

The  question  being  on  the  adoption  of  the 
resolution  of  Mr.  Meyer,  Mr.  Owens  demand- 
ed the  ayes  and  noes,  which  being  taken, 
the  vote  stood  as  follows : 

Ayes — Messrs.  Bonham,  Davis  of  Noda- 
way, Drake,  Filley,  Folmsbee,  Fulkerson, 
Gilbert  of  Lawrence,  Holland,  Peck,  Rankin, 
Thilenius,  and  Williams  of  Caldwell — 12. 

Noes — Messrs.  Bedford,  Budd,  Bunce, 
Bush,  Childress,  Clover,  Cowden,  Dodson, 
D'Oench,  Evans,  Fletcher,  Gamble,  Gil- 
bert of  Platte,  Green,  Harris,  Holcomb, 
Hughes,  Hume,  Husmann,  King,  Linton, 
McKernan,  McPherson,  Mack,  Meyer, 
Morton,  Newgent.  Nixdorf,  Owens,  Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Weatherby,  Williams 
of  Scotland,  and  Mr.  President— 38. 

Absent — Messrs.  Adams,  Barr,  Davis  of 
New  Madrid,  Ellis,  Esther,  Foster,  Gil- 
strap,  Grammer,  Henderson,  Holdsworth, 
Leonard,  Martin,  Mitchell,  St.  Gem,  and 
Switzler — 1 5 


So  the  resolution  was  rejected. 

Mr.  Thilenius  asked  leave  of  absence  for 
Mr.  McPherson  for  three  daj^s,  which  was 
granted. 

Mr.  Williams  of  Caldwell  offered  the  fol- 
lowing resolution,  which  Avas  declared  out  of 
order : 

Resolved.  That  the  Sergeant-at-arms  be 
ordered  to  bring  the  members  of  the  city 
into  the  Convention  each  day. 

Mr.  Holcomb  offered  the  following  reso- 
lution, which  was  adopted: 

Resolved,  That  the  Secretary  be,  and  is 
hereby  instructed  to  furnish  the  Committee 
on  Accounts  with  the  names  of  members  ab- 
sent without  leave.  The  committee  desire 
instruction  whether  or  not  they  are  entitled 
to  pa}T. 

On  motion  of  Mr.  Harris,  the  Committee 
on  Printing  was  instructed  to  inquire,  and 
report  to-morrow  morning  at  10  o'clock,  the 
cost  of  two  thousand  additional  copies  of  the 
report  of  the  Committee  on  Finance. 

Mr.  Bonham  offered  the  following  resolu- 
tion : 

Resolved,  That  no  leave  of  absence  shall  be 
granted,  unless  for  sickness  in  the  family  of 
the  member  asking  leave,  after  the  15th  in- 
stant. 

Pending  which,  on  motion  of  Mr.  Drake, 
the  Convention  adjourned  until  half-past  9 
o'clock  to-morrow  morning. 


THIRTIETH  DAY. 

SATURDAY,  February  11th,  1865. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair. 

Mr.  Drake  demanded  a  call  of  the  house, 
which  was  ordered,  and  the  following  gen- 
tlemen responded  to  their  names: 

Messrs.  Bedford,  Bonham,  Bunce,  Chil- 
dress, Cowden,  Davis  of  Nodaway,  Dodson, 
Drake,  Folmsbee,  Fulkerson,  Gilbert  of 
Lawrence,  Gilbert  of  Platte.  Green,  Hol- 
comb, Hume,  King,  Leonard,  Linton,  Mack, 
Martin,  Meyer,  Mitchell.  Nixdorf,  Peck, 
Rankin,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Swearingen,  Williams  of  Caldwell, 
Williams  of  Scotland,  and  Mr.  President — 32. 

Absent  without  Leave— Messrs .  Budd, 
Bush,  Clover,  D'Oench,  Ellis,  Evans,  Fil- 
ley, Fletcher,  Holland,  Hughes,  Morton, 


Owens,  Rohrer,  Switzler,  Thilenius,  and 
Weatherby— 16. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Davis  of  New  Madrid,  Foster,  Gam- 
ble, Gilstrap,  Grammer,  Harris,  Holds- 
worth,  McKernan,  McPherson,  St.  Gem, 
and  Sutton — 13. 

Excused — Mr.  Husmann — 1. 

Sick — Messrs.  Esther,  Henderson,  and 
Newgent — 3. 

Mr.  Green  moved  to  suspend  further  pro- 
ceedings under  the  call  of  the  house,  which 
motion  was  disagreed  to. 

The  acting  Sergeant-at-arms  reported  the 
following  members  as  having  come  in  since 
the  call  commenced : 


81 


Messrs.  Budd,  Bush,  Clover,  Ellis,  Filley, 
Hughes,  and  Thilenius— 7. 

Mr.  Dkake  moved  to  suspend  further  pro- 
ceedings under  the  call  of  the  house,  which 
motion  was  disagreed  to. 

Mr.  Green  moved  to  adjourn;  on  winch 
motion  Mr.  Drake  demanded  the  ayes  and 
noes,  and  the  vote  being  taken,  stood  as 
follows: 

Ayes— Messrs.  Bedford.  Evans,  Gilbert  of 
Platte.  Green,  Hughes,  Leonard,  Linton, 
Mack.  Martin,  Strong,  Switzler,  and  Weath- 
erbv — 12 . 

Noes— Messrs.  Bonham,  Budd,  Bunce, 
Bush.  Childress,  Clover,  Cowdeu,  Davis  of 
Nodawav.  Dodson,  D'Oench,  Drake,  Ellis. 
Fiilev,  'Folmsbee,  Fulkerson,  Gilbert  of 
Lawrence,  Holcomb,  Holland,  Hume,  King. 
Mever,  Mitchell,  Morton,  Nixdorf.  Peck, 
Rankin.  Swearingen,  Thilenius,  Williams  of 
Caldwell.  Williams  of  Scotland,  and  Mr.  ! 
President— 31 . 

Absent — Messrs.  Adams,  Barr,  Davis  of  j 
New  Madrid,  Fletcher,  Foster,  Gamble,  i 
Gilstrap.  Grammer,  Harris,  Holds  worth,  J 
Husmann,  McKernan.  McPherson,  Owens.  | 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Smith 
of  Worth,  and  Sutton — 19. 

Sick  —  Messrs.  Esther,  Henderson,  and 
Newgent — 3. 

So  the  Convention  refused  to  adjourn. 

On  motion  of  Mr.  Bush,  further  proceed- 
ings under  the  call  of  the  house  were  dis- 
pensed with. 

Mr.  Bedford  asked  leave  of  absence  for 
Mr.  Davis  of  New  Madrid,  for  eight  or  ten 
days,  on  account  of  sickness  in  his  family, 
which  was  granted . 

Mr.  Bush  asked  leave  of  absence  for  Mr. 
Husmann.  for  two  days,  on  account  of  sick- 
ness in  his  family,  which  was  granted. 

Mr.  FiiLEY.  Chairman  of  the  Committee 
on  Printing,  made  the  following  report  in 
answer  to  a  resolution  of  yesterday : 

The  Committee  on  Printing  report  the 
cost  of  additional  copies  of  the  Finance  Re- 
port, in  pamphlet  form,  at  thirty-five  dollars 
per  thousand;  and  for  the  report  in  bill  form 
at  six  dollars  per  thousand . 

Mr.  Drake   moved  that  two  thousand , 
copies  of  the  Report  of  the  Committee  on  | 
Finance,  with  the  articles  reported  by  said 
committee  appended,  in  pamphlet  form,  be 
printed  and  furnished  for  the  use  of  the 
Convention,  which  motion  was  disagreed  to. 

Mr.  Drake  called  for  the  regular  order  of 
business  for  the  day,  being  the  Declaration 
of  Rights  as  amended  by  the  Committee  of 
the  Whole,  which  was  then  taken  up  by 
the  Convention. 


Mr.  Bush  offered  the  folio  whig  amend- 
ment, which  was  read  the  first  and  second 
time : 

Strike  out  the  9th.  10th,  11th.  12th.  and 
13th  sections,  and  insert  m  lieu  thereof  the 
following: 

Sec.  9.  That  all  men  have  a  natural  and 
indefeasible  right  to  worship  Almighty  God 
according  to  the  dictates  of  their  own  con- 
sciences; that  no  man  can  be  compelled  to 
erect,  support,  or  attend,  any  place  of  wor- 
ship, or  to  maintain  any  minister  of  the 
gospel,  or  teacher  of  religion ;  but  whatever 
contracts  any  person  ma}*  enter  into  for  any 
such  object ,~  ought,  in  law,  to  be  binding 
and  capable  of  enforcement,  as  other  con- 
tracts; that  no  human  authority  can  control 
or  interfere  with  the  rights  of  conscience; 
that  no  person  can  ever  be  hurt,  molested, 
or  restrained  in  his  religious  professions, 
sentiments,  or  practice,  unless,  under  the 
color  of  religion,  he  endangers  the  good 
order,  peace,  or  safety  ot  the  State,  or  dis- 
turbs others  in  their  religious  worship . 

Sec.  10.  That  no  person,  on  account  of 
his  religious  opinions,  can  be  rendered  ineli- 
gible to  any  office  of  trust  or  profit  under 
this  State/ nor  be  deprived  of  any  civil 
rights,  privileges,  or  capacities:  that  no 
preference  can  ever  be  given,  by  law,  to  any 
church,  sect,  or  mode  of  worship. 

Sec.  11.  That  no  religious  corporation 
can  be  established  in  this  State;  but  provi- 
sion may  be  made  by  general  laws  for  secur- 
ing the  "title  to  church  property,  so  that  it 
shall  be  held  and  used  for  the  purposes 
intended. 

Mr.  Drake  offered  the  following  amend- 
ment to  the  amendment  ,  which  was  read  the 
first  and  second  time: 

Strike  out  of  section  eleven  the  words,, 
■•but  provision  may  be  made  by  general- 
laws  for  securing  the  title  to  church  property, 
so  that  it  shall  be  held  and  used  for  the  pur- 
poses intended. ' 5 

Mr.  Owens  offered  the  following  resolu- 
tion, which  was.  on  motion  of  Mr.  Drake, 
laid  on  the  table : 

Resolved.  That  this  Convention  will  adjourn 
sine  die  on  Monday,  February  27th.  at  12  M. 

Mr.  Buxce  asked  leave  of  absence  for 
himself  for  days :  which  was  granted. 

Mr.  Green  asked  that  the  leave  of  absence 
granted  Mr.  Gilstrap  be  extended  till  next 
Saturday:  which  was  done. 

Mr.  Hughes  moved  to  adjourn  till  Mon- 
day morning  at  half-past  10  o'clock:  on 
which,  Mr.  Owens  demanded  the  ayes  and 
noes,  and  the  vote  being  taken,  stood  as 
follows : 

Aves — Messrs.  Adams.  Bedford,  Bunce. 
Bush,  Clover,  Ellis,  Folmsbee,  Gilbert  ot 


82 


Platte,  Green,  Holcomb,  Hughes,  Leonard, 
Martin,  Mitchell,  Morton,  Nixdorf,  Rankin, 
Rohrer,  Strong,  and  Switzler — 20. 

Noes — Messrs.  Bonham,  Childress,  Cow- 
den,  Davis  of  Nodaway,  Dodson,  D'Oench, 
Drake,  Evans,  Filley,  Fulkerson,  Gilbert 
of  Lawrence,  Holland,  Hume,  King,  Lin- 
ton, Mack,  Meyer,  Owens,  Peck,  Smith  of 
Mercer,  Smith  of  Worth,  Swearingen,  Thi- 
lenius,  Williams  of  Caldwell,  Williams  of 
Scotland,  and  Mr.  President— 26. 

Absent— Messrs.  Barr,  Budd,  Davis  of 
New  Madrid,  Fletcher,  Foster,  Gamble, 
Gilstrap,  Grammer,  Harris,  Holds  worth, 
Husmann,  McKernan,  McPherson,  St.  Gem, 
Sutton,  and  Weatherby — 16. 

Sick  —  Messrs.  Esther,  Henderson,  and 
Newgent — 3. 

So  the  motion  to  adjourn  was  rejected. 

On  motion  of  Mr.  Davis  of  Nodaway, 
the  Convention  adjourned  until  half-past  2 
o'clock  P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Rankin  asked  leave  of  absence  for 
Mr.  Rohrer  for  this  afternoon,  which  was 
granted. 

The  question  being  on  the  passage  of  Mr. 
Drake's  amendment  to  the  amendment  of 
Mr.  Bush,  Mr.  Drake  withdrew  his  amend- 
ment. 

Mr.  Green  offered  the  following  amend- 
ment to  the  amendment  of  Mr.  Bush,  which 
was  read  the  first  and  second  time,  and 
accepted  by  Mr.  Bush: 

Amend  section  eleven  by  striking  out 
all  after  ' 4  State, ' '  in  second  line,  and  sub- 
stituting the  following  in  lieu  thereof: 
"Except  that  the  General  Assembly  may, 
by  a  general  law,  provide  for  the  incorpora- 
tion of  religious  societies  or  congregations, 
so  as  to  enable  them,  through  trustees  of 
their  own  choosing,  to  purchase,  acquire, 
hold,  or  transfer  such  property  as  may  be 
required  for  church  buildings,  parsonages, 
or  burial  grounds,  and  for  no  other  pur- 
pose. ' ' 

Mr.  Bush,  by  request  of  Mr.  Krekel, 
struck  out  of  his  amendment  to  section  ten 
the  words  ' '  or  capacities  ' '  after  the  word 
4  4 privileges, ' '  and  inserted  the  word  4  4 and' ' 
before  the  word  4 '  privileges . ' ' 

The  question  being  on  the  amendment  of 
Mr.  Bush,  as  modified  by  the  amendments 
of  Mr.  Green  and  Mr.  Krekel,  Mr.  Drake 
demanded  the  ayes  and  noes,  which  being- 
taken,  the  vote  stood  as  follows: 


Ayes— Messrs.  Bedford,  Bush,  Childress, 
Clover,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Green,  Holcomb,  Holland,  King, 
Linton,  McKernan,  Mack,  Meyer,  Morton, 
Nixdorf,  Owens,  Thilenius,  Weatherby, 
Williams  of  Caldwell,  and  Mr.  President — 
21. 

Noes — Messrs.  Adams,  Bonham,  Budd, 
Bunce,  Cowden,  Davis  of  Nodaway,  Dod- 
son, Drake,  Esther,  Evans,  Filley,"  Folms- 
bee,  Fulkerson,  Hume,  Leonard,  Martin, 
Mitchell,  Peck,  Rankin,  Smith  of  Mercer, 
Smith  of  Worth,  Strong,  Swearingen,  Switz- 
ler, and  Williams  of  Scotland — 25. 

Absent  —  Messrs.  Barr,  Davis  of  New 
Madrid,  D'Oench,  Ellis,  Fletcher,  Foster, 
Gamble,  Gilstrap,  Grammer,  Harris,  Holds- 
worth,  Hughes,  Husmann,  McPherson, 
Rohrer,  St.  'Gem.  and  Sutton — 17. 

Sick — Messrs.  Henderson  and  Newgent — 2. 

So  the  amendment  was  rejected. 

Mr.  Gilbert  of  Lawrence  asked  leave  of 
absence  for  this  evening,  which  was  granted. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  read  the  first  and  second 
time,  and  adopted: 

Amend  section  nine  by  inserting  in  line 
four,  after  the  word  4  4  testifying, "  the 
words  4  k  that  no  human  authority  can  con- 
trol or  interfere  with  the  rights  of  con- 
science . ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  read  the  first  and  second 
time,  and  rejected: 

Amend  the  ninth  section  by  striking  out 
of  the  seventh  and  eighth  lines  the  words 
4  4  or  infringe  the  laws  of  morality,"  and 
insert  in  lieu  thereof  the  words  4  4  "or  offend 
against  public  morals. ' ' 

Mr.  Davis  of  Nodaway  moved  to  adjourn, 
which  motion  was  lost. 

Mr.  Holland  offered  the  following  amend- 
ment, which  was  read  the  first  and  second 
time: 

Strike  out  in  seventh  and  eighth  lines, 
after  the  word  4 4  State,"  in  seventh  line, 
4  4  or  infringe  the  laws  of  morality. ' ' 

Mr.  Drake  demanded  the  ayes  and  noes, 
which  being  taken,  stood  as  follows: 

Ayes— Messrs.  Adams,  Bedford,  Bush, 
Cowden.  Filley,  Green,  Holcomb,  Holland, 
Hughes,'  King,  Leonard,  Linton,  McKer- 
nan, Martin,  Meyer,  Mitchell,  Nixdorf, 
Owens,  Rohrer,  Thilenius,  Weatherby, 
Williams  of  Caldwell,  and  Mr.  Presidents- 
23. 

Noes — Messrs.  Bonham,  Bunce,  Chil- 
dress, Clover,  Davis  Of  Nodaway,  Dodson, 
Drake,  Esther,  Evans,  Folmsbee,  Fulker- 
son, Gilbert  of  Platte,  Hume,  Mack,  Mor- 
ton, Peck,  Rankin,  Smith  of  Mercer, 
Smith  of  Worth,  Strong,  Swearingen, 
Switzler,  and  Williams  of  Scotland— 23. 


S3 


Absent — Messrs.  Barr,  Budd,  Davis  ot 
Efew  Madrid,  D'Oeneh,  Ellis.  Fletcher. 
Foster.  Gamble.  Gilbert  of  Lawrence,  Gil- 
gfcrap,  Grammer,  Harris,  Holdsworth,  Hus- 
inann,  McPherson,  St.  Gem.  and  Sutton — 19. 

Sick — Messrs.  Henderson  and  Xewgent. 

So  the  amendment  was  rejected. 

Mr.  Meyer  offered  the  following  resolu- 
tion : 

Resolved.  That  in  the  opinion  of  this  Con- 
vention it  is  wholly  inexpedient,  and  would, 
be  dangerous  to  the  peace  and  safety  of  the 
people  "of  Missouri,  for  martial  law  to  be 
)  removed  from  this  State. 

The  resolution  was  unanimously  adopted. 
Mr.  Owexs  gave  notice  that  on  Monday  he 


would  introduce  an  amendment  to  the  thir- 
teenth rule . 

On  motion  of  Mr.  Owexs.  the  following 
resolution  was  unanimously  adopted: 

Resolved,  That  a  committee  of  three  be  ap- 
pointed by  the  President  to  present  to  the 
commander  of  the  Division  of  the  Missouri 
the  resolution  adopted  by  this  Convention 
relative  to  martial  law  in  this  State. 

The Pkesidext  appointed  Messrs.  Owens, 
Meyer,  and  Green  said  committee. 

On  motion  of  Mr.  Stroxg.  the  Conven- 
tion adjourned  until  Monday  morning  next 
at  half-past  9  o'clock. 


THIRTY-FIRST  T)J±SY. 


MOXDAY,  February  13th.  1865. 


Convention  met  pursuant  to  adjournment, 
'the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Kyle, 
f  Mr.  Meyer  moved  to  reconsider  the  vote 
ot  Saturday,  on  the  resolution  to  print 
two  thousand  copies  of  the  report  of  the 
Committee  on  Finance,  which  motion  was 
agreed  to. 

On  motion  of  Mr.  Holcomb.  the  resolu- 
tion was  amended  to  read  as  follows : 

That  two  thousand  copies  of  the  report 
:  of  the  Committee  on  Finance  be  printed  in 
pamphlet  form,  and  furnished  for  the  use 
of  the  Convention. 

The  resolution,  as  amended,  was  then 
adopted. 

Mr.    Boxham's   resolution,    relative  to 
leaves  of  absence,  was  called  up.  and,  on 
"motion  of  Mr.  St.  Gem,  it  was  laid  on  the 
[table. 

Mr.  Owexs  offered  the  following  resolu- 
tion, which  was  read  for  information,  and 
laid  over  under  the  rides  governing  the  Con- 
:  vention : 

i    Resolved,  That  the  following  be  adopted 
as  an  amendment  to  the  thirteenth  rule,  by  I 
adding  thereto  the  words,  '  'nor  at  anv  time  ! 
for  a  longer  period  than  ten  minutes.  " 

Mr.  Drake  offered  the  following  preamble  I 
and  resolutions: 


"Whereas.  In  the  message  of  Abraham 
Lincoln.  President  of  the  United  States,  to 
Congress,  on  the  10th  inst..  communicating 
the  facts  and  documents  in  regard  to  the 
recent  conference  with  rebel  Commissioners 
at  Hampton  Roads,  there  is  found  a  letter  of 
instructions  from  him  to  the  Secretary  of 
State,  wherein  the  President  directed  the 
Secretary  to  make  known  to  said  Commis- 
sioners that  three  things  are  indispensable, 
to -wit: 

"First  —  The  restoration  of  the  national 
authority  throughout  all  the  States : 

"Second — Xo  receding  by  the  Executive 
of  the  United  States,  on  the  slavery  question, 
from  the  positions  assumed  thereon  in  the 
late  annual  message  to  Congress,  and  in  the 
preceding  documents : 

'  •  Third — Xo  cessation  of  hostilities  shors 
of  an  end  of  the  war.  and  the  disbanding 
of  all  forces  hostile  to  the  Government.'' 

Axd  whereas,  this  Convention  deem  it 
proper  that  this  clear  announcement  by  the 
Xational  Executive  of  the  terms  upon  which 
peace  may  be  restored  should  be  noticed  by 
this  body;  therefore, 

Resolved  by  the  Representatives  of  the  People  of 
the  State  of  Missov/ri,  in  Convention  assembled, 
That  we  do  unqualifiedly  approve,  uphold 
and  sustain  President  Lincoln  in  the  declara- 
tion of  those  terms,  and  do  thank  him  for  so 
plainly  laying  down  the  only  basis  upon 
which,  in  our  judgment,  a  peace  can  be 
made  which  will  be  "honorable  to  the  United 
States,  permanent  m  its  duration,  and  true 
to  the  cause  of  freedom. 

Resolved,  That  deeply  as  Missouri  has  suf- 
fered by  the  war  of  the  rebellion,  we  unhesi- 


84 


tatingly  pledge  her  loyal  people  to  stand  up 
to  the  National  Government  to  the  last 
extremity  in  prosecuting  the  war  until  peace 
shall  be  "established,  and,  if  need  be,  con- 
quered on  that  basis. 

Resolved,  That  a  committee  of  seven  be 
appointed  to  communicate  these  resolutions 
to  President  Lincoln . 

Mr.  Switzler  moved  that  the  preamble 
and  resolutions  offered  by  Mr.  Drake  be  laid 
on  the  table  ;  that  one  hundred  copies  be 
printed  for  the  use  of  this  body,  and  that  it 
be  made  the  special  order  of  the  da}7  for  to- 
morrow morning  at  10  o  'clock. 

The  motion  was  rejected. 

Mr.  Switzler  moved  to  amend  by  striking 
out  of  the  first  resolution  the  word  '  'only ; ' ' 
on  which  Mr.  Gilbert  of  Platte  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes— Messrs.  Gilbert  of  Platte,  Morton, 
and  Switzler— 3. 

Noes — Messrs.  Adams,  Bonham,  Budd, 
Bush,  Childress,  Clover,  Cowden,  Davis  of 
Nodaway,  Dodson,  D'Oench,  Drake,  Ellis, 
Evans,  Filley,  Folmsbee,  Foster,  Fulker- 
son ,  Gilbert  of  Lawrence,  Green,  Hoi  comb, 
Holland,  Hughes,  Hume,  Husmann,  King, 
Leonard,  Linton,  McKernan,  Mack,  Mar- 
tin, Meyer,  Mitchell,  Newgent,  Nixdorf, 
Owens,  Peck,  Rankin,  Rohrer,  St.  Gem, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Swearingen,  Thilenius,  Weatherby,  Wil- 
liams of  Caldwell,  Williams  of  Scotland,  and 
Mr.  President— 48. 

Absent  —  Messrs.  Barr,  Bedford,  Bunce, 
Davis  of  New  Madrid,  Fletcher,  Gamble, 
Gilstrap,  Grammer,  Harris,  Holdsworth, 
McPherson,  and  Sutton — 12. 

Sick — Messrs.  Esther  and  Henderson — 2. 

So  the  amendment  was  rejected. 

The  question  being  on  the  passage  of  the 
preamble  and  resolutions,  Mr.  Drake  de- 
manded the  ayes  and  noes,  which  being 
taken,  stood  as  follows: 

Ayes — Messrs.  Adams,  Bedford,  Bonham, 
Budd,  Bush,  Childress,  Clover,  Cowden, 
Davis  ot  Nodaway,  Dodson,  D'Oench, 
Drake,  Ellis,  Evans,  Filley,  Folmsbee,  Foster, 
Fulkerson,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Green,  Holcomb,  Holland,  Hughes, 
Hume,  Husmann,  King,  Leonard,  Linton, 
McKernan,  Mack,  Martin,  Meyer,  Mitchell, 
Morton,  Newgent,  Nixdorf,  Owens,  Peck, 
Rankin,  Eohrer,  St.  Gem,  Smith  of  Mercer, 
Smith  of  Worth,  Strong,  Swearingen, 
Switzler,  Thilenius,  Weatherby,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 52. 

Noes — None. 

Absent — Messrs.  Barr,  Bunce,  Davis  of 
New  Madrid,  Fletcher,  Gamble,  Gilstrap, 


Grammer,  Harris,  Holdsworth,  McPherson, 
and  Sutton— 11. 
Sick — Messrs.  Esther  and  Henderson — 2. 

So  the  preamble  and  resolutions  were 
unanimously  adopted. 

The  President  appointed  the  following 
gentlemen  as  a  committee  to  communicate 
with  the  President  of  the  United  States,  as 
provided  for  in  the  resolutions:  Messrs. 
Drake,  Folmsbee,  Ellis,  Mack,  D'Oench, 
Leonard,  and  St.  Gem. 

Mr.  Owens  called  up  the  resolution  offered 
by  him  relative  to  amending  the  thirteenth 
rule  governing  the  Convention,  it  having 
been  laid  over  under  an  error. 

Mr.  Budd,  Chairman  of  the  Engrossing 
Committee,  reported  back  the  article  on 
Militia  as  truly  engrossed. 

Mr.  Clover  moved  to  lay  the  resolution 
of  Mr.  Owens  on  the  table,  and  on  that  mo- 
tion Mr.  Holland  demanded  the  ayes  and 
noes,  and  the  vote  being  taken,  stood  as  fol- 
lows : 

Ayes — Messrs.  Adams,  Bonham,  Clover, 
Davis  of  Nodaway,  Folmsbee,  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Martin,  and 
Strong— 9. 

Noes — Messrs.  Bush,  Cowden,  Dodson, 
D'Oench,  Drake,  Evans,  Filley,  Foster, 
Fulkerson,  Green,  Holcomb,  Holland, 
Hughes,  Hume,  Husmann,  King,  Leonard, 
Linton,  McKernan,  Mack,  Mitchell,  Mor- 
ton, Newgent,  Nixdorf,  Owens,  Peck, 
Rankin,  Rohrer,  St.  Gem,  Smith  of  Mercer, 
Smith  of  Worth,  Swearing-en,  Switzler, 
Thilenius,  Weatherby,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—38. 

Absext — Messrs.  Barr,  Bedford,  Budd, 
Bunce,  Childress,  Davis  of  New  Madrid, 
Ellis,  Fletcher,  Gamble,  Gilstrap,  Grammer, 
Harris,  Holdsworth,  McPherson,  Meyer, 
and  Sutton — 16. 

Sick— Messrs.  Esther  and  Henderson— 2. 

So  the  Convention  refused  to  lay  the  reso- 
lution on  the  table. 

Mr.  Bush  moved  to  amend  the  resolution 
by  striking  out  the  word  "ten,"  and  in- 
serting the  word  "twenty"  in  lieu  thereof. 

Mr.  Smith  of  Worth  moved  to  amend  the 
amendment  by  striking  out  the  word  '  'twen- 
ty, "  and  inserting  the  wrord  '  'fifteen. ' ' 

Mr.  Bush  accepted  Mr.  Smith's  amend- 
ment. 

On  motion  of  Mr.  Owens,  the  resolution, 
as  thus  amended,  was  adopted. 

On  motion  of  Mr.  Davis  of  Nodaway, 
the  Convention  adjourned  until  half-past  2 
o'clock,  P.M. 


85 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  resolution  offered  by  Mr.  Bonham, 
i  relative  to  granting  leave  of  absence  to  mem- 
bers ,  was  called  up,  and,  on  motion  of  Mr. 
Owens,  was  laid  on  the  table. 

Mr.  Newgent  presented  a  petition  from 
!  citizens  of  Jackson  county,  relative  to  dis- 
loyal office-holders,  which  was  read  for 
information,  and,  on  motion  of  Mr.  Bush, 
'referred  to  the  Committee  on  the  Judicial 
Department. 

On  motion  of  Mr.  Newgent,  the  Conven- 
tion took  up  the  article  on  Militia,  as  re- 
ported back  from  the  Engrossing  Committee. 

Mr.  Krekel  offered  the  following  as  a 
!  substitute  for  the  article  on  Militia: 

Section  1.  All  able-bodied  male  inhabi- 
tants of  this  State,  between  the  ages  of 
eighteen  and  forty-five  years,  who  are  citi- 
zens of  the  United  States,  or  have  declared 
their  intention  to  become  citizens  of  the 
United  States,  shall  be  liable  to  military  duty 
in  the  militia  of  this  State,  and  there  shall 
I  be  no  exemption  from  such  duty,  except 
Lj  such  persons  as  the  General  Assembly  may, 
by  law,  exempt. 
Sec.  2.  The  militia  shall  be  divided  into 
I  two  classes.    The  first  class  shall  consist  of 
K  those  between  the  ages  of  eighteen  and 
twenty-five  years,  and  the  second  of  those 
I  between  the  ages  of  twenty-five  and  forty- 
five  years.    The  General  Assembly  shall,  by 
law,  provide  for  the  organization  of  the 
militia,  and  for  the  paying  of  the  same, 
[  when  called  into  actual  service;  but  there 
|l  shall  be  no  officers  appointed  above  the  grade 
of  brigadier  general;  nor  shall  they  exceed 
|  eight  in  number. 


Sec.  3.  A  Military  Board  of  Examiners 
shall  be  appointed  by  the  Governor,  by  and 
with  the  consent  of  the  Senate,  and  no  com- 
mission shall  be  issued  to  any  militia  officer 
unless  having  first  passed  the  examination  of 
such  Board. 

Mr.  Drake  offered  the  following  amend- 
ment of  the  substitute,  which  was  read  and 
accepted  by  Mr.  Krekel: 

Strike  out,  in  section  first,  all  after  the 
word  4 'except,"  and  insert  in  lieu  thereof 
the  following:  "Persons  laboring  under 
mental  disability,  and  such  persons  as  the 
General  Assembly  may,  by  law,  exempt. ' ' 

Mr.  Strong  offered  the  following  amend- 
ment to  section  first : 

Strike  out  the  words  '  *  civil  officers, ' '  and 
insert  the  word  '  'persons. ' ' 

Which  was  accepted  by  Mr.  Krekel. 

On  motion  of  Mr.  Owens,  the  rule  requir- 
ing the  bill  to  be  engrossed  was  suspended, 
and  the  bill  passed  to  its  third  reading. 

Mr.  Peck  offered  the  following  amend- 
ment : 

Strike  out  all  down  to  the  words  "General 
Assembly. ' ' 

Which,  on  motion,  was  rejected. 

On  motion  of  Mr.  Owens,  the  substitute 
for  the  Militia  bill,  offered  by  Mr.  Krekel,  as 
amended,  was  adopted,  and  referred  to  the 
Committee  on  Revision. 

Mr.  Holcomb  asked  leave  of  absence 
for  Mr.  Meyer,  for  two  days,  which  was 
granted . 

On  motion  of  Mr.  Owens,  the  Convention 
adjourned  until  half-past  0  o "  clock  to-morrow 
morning. 


THIRTY-SECOND  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Evans  moved  to  reconsider  the  vote 
by  which  Mr.  Bush's  amendment  to  the 
Declaration  of  Sights  was  rejected. 

Mr.  Drake  moved  to  lay  the  motion  on 
the  table,  and  demanded  the  ayes  and  noes 
thereon . 

Mr.  Owens  moved  a  call  of  the  house, 
which  being  ordered ,  the  following  members 
esponded  to  their  names : 


TUESDAY,  February  14th,  1S65. 

Messrs.  Bedford,  Bonham,  Budd,  Chil- 
dress, Cowdeu,  Davis  of  Nodaway,  Dodson, 
Drake,  Ellis,  Esther,  Evans,  Folmsbee, 
Foster,  Fulkerson,  Gilbert  ot  Lawrence, 
Gilbert  of  Platte,  Green,  Holcomb,  Holds- 
worth,  Holland,  Hughes,  Hume,  Husmann, 
King,  McKernan,  McPherson,  Martin, 
Mitchell,  Morton,  Newgent,  Nixdorf.  Owens, 
Peck,  Rankin,  Rohrer,  St.  Gem,  Smith  of 
Mercer,  Strong.  Swearingen,  Thilenius, 
Weatherby,  Williams  of  Caldwell,  and  Mr. 
President1— 43. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Fletcher, 


86 


Gamble,  Gilstrap,  Granimer,  Harris,  and 
Meyer— 10. 

Absent  without  Leave— Messrs.  Bush, 
Clover,  D'Oench,  Filley,  Leonard,  Linton, 
Sutton,  Switzler,  and  Williams  of  Scotland — 9. 

Sick  —  Messrs.  Henderson,  Mack,  and 
Smith  of  Worth— 3. 

On  motion  of  Mr.  Hughes,  further  pro- 
ceedings under  the  call  of  the  house  were 
dispensed  with. 

Mr.  Drake  withdrew  his  motion  to  lay 
the  motion  of  Mr.  Evans  on  the  table;  and 
thereupon  Mr.  Evans  withdrew  his  motion 
to  reconsider  the  vote  by  which  the  amend- 
ment of  Mi-.  Bush  was  rejected. 

On  motion  of  Mr.  Husmann,  the  special 
order  of  the  day,  being  the  Declaration  of 
Rights  as  amended  by  the  Committee  of  the 
Whole,  was  taken  up. 

Mr.  Husmann  offered  the  following  amend- 
ment: 

Amend  section  first,  first  line,  by  striking 
out  the  wor\3s  '  'equally  free, ' '  and  inserting 
in  lieu  thereof  the  words  "personally  free, 
but  that  in  the  exercise  of  their  political  and 
religious  rights  they  shall  be  classed  accord- 
ing to  color  and  religion . ' ' 

Mr.  Owens  moved  to  amend  the  amend- 
ment, by  striking  out  the  words  "and  reli- 
gious 5 ' '  which  was  rejected. 

Mr.  Hughes  offered  the  following  amend- 
ment : 

Amend  section  nine  by  inserting  after  the 
word  "testifying,"  in  the  fourth  line,  the 
words  "or  serving  as  juror. ' ' 

Mr.  Peck  moved  to  amend  by  adding  to 
the  amendment,  '  'provided  said  person  be- 
lieve in  the  existence  of  a  God ; "  which  was 
rejected. 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Hughes,  Mr.  Williams 
of  Caldwell  demanded  the  ayes  and  noes, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bush,  Clover,  Dodson, 
D'Oench,  Drake,  Evans,  Foster,  Fulkerson, 
Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Green,  Holcomb,  Holdsworth,  Holland, 
Hughes,  Hume,  Husmann,  McKernan, 
McPherson,  Morton,  Newgent,  Mxclorf, 
Rohrer,  St.  Gem,  Thilenius,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President— 28. 

Noes — Messrs.  Budd,  Childress,  Cowclen, 
Davis  of  NodawTay.  Ellis,  Esther,  Folmsbee, 
King,  Linton,  Martin,  Mitchell,  Peck,  Ran- 
kin, Smith  of  Mercer,  Strong,  andSwearin- 
gen — 16. 

Absent — Messrs.  Adams,  Barr,  Bedford, 
Bonham,  Bunce,  Davis  of  New  Madrid, 
Filley,  Fletcher,  Gamble,  Gilstrap,  Gram-  I 


mer,  Harris,  Leonard,  Mever,  Owens,  Sut- 
ton, Switzler,  and  Weatherby— 18. 

Sick  — Messrs.  Henderson,  Mack,  and 
Smith  of  Worth— 3. 

So  the  amendment  was  agreed  to . 
Mr.  Gilbert  of  Lawrence  offered  the  fol- 
lowing amendment : 

Amend  section  nine  by  striking  out  all 
after  the  word  ' '  State, ' '  in  the  seventh  line, 
to  the  end . 

Mr.  Mitchell  offered  the  following 
amendment,  which  was  decided  out  of  or- 
der: 

Amend  section  nine,  lines  seven  and  eight, 
by  striking  out  the  words  4 '  or  infringe  the 
laws  ol  morality. ' ' 

Mr.  Green  offered  the  following  as  a  sub- 
stitute for  the  amendment  of  Mr.  Gilbert  of 
Lawrence,  which  was  accepted  by  Mr.  Gil- 
bert : 

Amend  section  nine,  line  seven,  by  insert- 
ing after  the  word  "of  "  the  words  '  'society 
or,"  and  strike  out  all  that  follows  after 
"State." 

The  question  then  being  upon  the  amend- 
ment offered  by  Mr.  Gilbert  of  Lawrence, 
Mr.  Green  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Bedford,  Bush,  D'Oench, 
Foster,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Green,  Holcomb,  Hughes,  Hus- 
mann, Linton,  McKernan,  Martin,  Mitchell, 
Morton,  Nixdorf,  Owens,  Rohrer,  St.  Gem, 
Thilenius,  and  Williams  of  Caldwell— 21. 

Noes — Messrs.  Childress,  Clover,  Cow- 
den,  Davis  of  Nodaway,  Dodson,  Drake, 
Ellis,  Esther,  Evans,  Fletcher,  Folmsbee, 
Fulkerson,  Holdsworth,  Holland,  Hume, 
King,  McPherson,  Newgent,  Peck,  Rankin, 
Smith  of  Mercer,  Strong,  Swearingen,  Wil- 
liams of  Scotland,  and  Mr.  President — 25. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gam- 
ble, Gilstrap,  Granimer,  Harris,  Meyer, 
and  Sutton — 10. 

Absent  without  Leave — Messrs.  Budd, 
Filley,  Leonard,  and  Switzler — 1. 

Sick — Messrs.  Bonham,  Henderson,  Mack, 
Smith  of  Worth,  and  Weatherby— 5. 

So  the  amendment  was  rejected. 

Mr.  Green  offered  the  following  amend- 
ment : 

Amend  section  first  by  striking  out  the 
words  in  the  first  and  second  lines,  '  'created 
equally  free,  and  are. ' ' 

On  motion  of  Mr.  Bedford,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M. 


67 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  pending  amendment  offered  by  Mr. 
Green  was  taken  up:  on  which  Mr.  Drake 
demanded  the  ayes  and  noes,  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Bedford.  Bush.  Clover. 
Cowden.  Esther.  Foster.  Gilbert  of  Platte. 
Green.  Holcomb.  Holland.  Hughes,  Leon- 
ard. McKernan.  Mitchell.  Morton,  Nixdorf. 
Owens.  Strong.  Switzler,  Thilenius,  and 
Mr.  President— 21 . 

Noes — Messrs.  Bonham,  Budd,  Childress, 
Davis  of  Nodaway,  Dodson,  Drake,  Evans, 
Folmsbee,  Fulkerson,  Gilbert  of  Lawrence, 
Hold-worth.  Hume.  Husmann,  King,  Mc- 
Pherson.  Newgent,  Rankin,  St.  Gem. 
Smith  of  Mercer.  Swearing-en,  Williams  of 
Caldwell,  and  Williams  of  Scotland— 22. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce.  Davis  of  New  Madrid.  Gam- 
ble, Gilstrap,  Grammer.  Harris,  Meyer, 
Martin.  Peck,  and  Sutton — 12. 

A  b  s  e  xt  without  L  e  a  v  e — Messrs . 
D'Oench,  Ellis,  Filley,  Fletcher.  Linton. 
andRohrer— 6. 

Sick — Messrs.  Henderson,  Mack,  Smith 
of  Worth,  and  Weatherby — 1. 

So  the  amendment  was  rejected. 

Mr.  Drake  moved  to  suspend  the  rule 
which  requires  a  majority  of  two-thirds,  to 
enable  him  to  offer  an  additional  rule,  which 
motion  was  agreed  to . 

Mr.  Drake  offered  the  folio  wing  additional  j 
rule,  which  was  read: 

That  any  amendment  to  any  proposition  i 
may  be  laid  on  the  table  by  vote,  without ! 
taking  the  proposition  with  it. 

Mr.  Budd  offered  the  following  as  a 
substitute  for  the  rule  proposed  by  Mr. 
Drake,  which  was  read,  and  accepted  by 
Mr.  Drake: 

When  a  motion  is  made  ro  lay  on  the  table 
an  amendment  of  any  original  proposition, 
or  to  amend  a  pending  amendment,  and  such  I 
morion  ro  lay  on  the"  table  shall  prevail,  it 
shall  not  have  the  effect  of  laying  the  original i 
proposition,  or  the  pending  amendment",  on 
the  table . 

On  motion,  this  rule  was  adopted. 

Mr.  Clover  offered  the  following  amend- 
ment : 

Amend  by  inserting  the  words  ;  -  of  vicin- 
age'' after' the  word  "jury,"  in  the  fifth 
line  of  the  eighteenth  section. 

Which  was  adopted. 

Mr.  Husmaxx  offered  the  following  amend- 
ment, which,  on  motion  of  Mr.  Drake, 
was  laid  on  the  table  : 

Amend  section  one,  first  line,  bv  striking 


out  the  last  syllable  of  the  word  •  -  equally. ' ' 
and  also  the 'word  ••free,"  after  that  syl- 
lable. 

Mr.  Drake  moved  to  reconsider  the  vote 
of  last  Saturday  on  the  motion  made  by 
him  to  amend  the  ninth  section,  by  -triking 
out  the  words  ; '  or  infringe  the  laws  of 
morality. 5  5  and  inserting,  in  lieu  thereof ,  the 
words  •  -  or  offend  against  public  morals. ' ' 

Mr.  Stroxg  moved  to  lay  the  motion  to 
reconsider  on  the  table,  and  demanded  the 
ayes  and  noes  thereon,  which  being  taken, 
the  vote  stood  as  follows : 

Ayes — Messrs.  Bonham.  Dodson,  Folms- 
bee. Leonard.  McPherson.  Morton.  Peck, 
Rankin,  Smith  of  Mercer,  Strong.  Switzler, 
and  Williams  of  Scotland— 12. 

Noes — Messrs.  Bedford.  Budd.  Bush. 
Childress,  (  Lover,  Cowden.  Davis  of  Noda- 
way,  D'Oench.  Drake,  Esther.  Evans.  Fos- 
ter'. Fulkerson,  Gilbert  of  Lawrence,  Gil- 
bert of  Platte.  Green.  Holcomb.  Holds- 
worth.  Holland.  Hughes.  Hume.  Husmann, 
King.  Linton.  McKernan.  Martin.  Mitchell, 
Newgent.  Nixdorf.  Owens.  Rohrer.  St. 
Gem.  Swearingen,  Thileniu-.  Williams  of 
Caldwell,  and  Mr.' President— 36. 

Absext  with  Leave— Messrs.  Adams, 
Barr.  Bunce.  Davis  of  2sew  Madrid.  Gam- 
ble, Gil-trap.  Grammer,  Harris.  Meyer, 
and  Sutton — 10. 

Absext  without  Leave — Messrs.  Ellis, 
Filley.  and  Fletcher — 3. 

Sick — Messrs.  Henderson,  Mack,  Smith 
of  Worth,  and  Weatherby — ±. 

So  the  motion  to  lay  on  the  table  was  re- 
jected. 

The  question  then  being  on  Mr.  Drake's 
motion  to  reconsider.  Mr.  Drake  demanded 
the  ayes  and  noes  thereon,  which  being 
taken,  the  vote  stood  as  follows: 

Ayes— Messrs.  Bedford,  Budd.  Bush.  Chil- 
dress, Clover,  D'Oench.  Drake.  Esther, 
Evans,  Foster,  Fulkerson,  Gilbert  of  Law- 
rence, Gilbert  of  Platte,  Green,  Holcomb, 
Holdsworth,  Holland.  Hume.  Husmann, 
King,  Linton,  McKernan,  McPherson.  Mar- 
tin. Mitchell,  Morton.  Newgent.  Nixdorf, 
Owens.  Rohrer,  St.  Gem.  Switzler,  Thile- 
nius, Williams  of  Caldwell,  and  Mr.  Presi- 
dent—35. 

Nays — Messrs.  Bonham,  Davis  of  Noda- 
way, Dodson,  Folmsbee.  Leonard.  Peck, 
Paiikin.  Smith  of  Mercer.  Strong,  Swearin- 
gen ,  and  Williams  of  Scotland— 11 . 

Absext.  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce.  Davis  of  New  Madrid.  Gamble, 
Gilstrap.  Grammer.  Harris,  Meyer,  and 
Sutton— 10. 

Absext  without  Leave — Messrs.  Cow- 
den. Ellis.  Filley,  Fletcher,  and  Hughes— 5. 

Sick — Messrs.  Henderson,  Mack,  Smith  of 
Worth,  and  Weatherby — 1. 

So  the  motion  to  reconsider  prevailed. 


88 


The  question  then  recurred  upon  the  mo- 
tion of  Mr.  Drake  to  amend  the  ninth  section, 
by  striking  out  the  words  ' '  or  infringe  the 
laws  of  morality, ' '  and  insert  in  lieu  thereof, 
the  words  ' '  or  offend  against  public  morals." 

On  which,  Mr.  Krekel  demanded  the 
ayes  and  noes,  which  being  taken,  the  vote 
stood  as  follows : 

Ayes  — Messrs.  Bedford,  Budd.  Bush, 
Clover,  D'Oench,  Drake,  Ellis,  Evans,  Fos- 
ter, Fulkerson,  Gilbert  of  Lawrence,  Gilbert 
of  Platte,  Green,  Holcomb,  Holland,  Hume, 
Husmann,  King,  Linton,  McKernan,  Mc- 
Pherson,  Martin,  Mitchell,  Morton,  New- 
gent,  Nixdorf,  Owens,  Rohrer,  St.  Gem, 
Strong,  Switzler,  Thilenius,  Williams  of 
Caldwell,  and  Mr.  President — 34. 

Noes — Messrs.  Bonham,  Childress,  Davis 
of  Nodaway,  Dodson,  Esther,  Filley.  Folms- 
bee, Holdsworth,  Leonard,  Peck,"  Rankin, 
Smith  of  Mercer,  Swearingen,  and  Williams 
of  Scotland — 14. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gamble, 
Gilstrap,  Grammer,  Harris,  Meyer,  and 
Sutton — 10. 

Absent  without  Leave  —  Messrs.  Cow- 
den,  Fletcher,  and  Hughes— 3 . 

Sick  —  Messrs.  Henderson,  Mack,  Smith 
of  Worth,  and  Weatherby— 4. 

So  the  amendment  was  adopted. 

Mr.  Owens  moved  that  the  vote  just  taken 
be  reconsidered;  and  also  moved  that  the 
motion  to  reconsider  be  laid  on  the  table, 
which  latter  motion  was  agreed  to. 

Mr.  Strong  moved  to  amend  section 
twenty-fifth  by  striking  out  all  after  the  word 
4  'comfort' '  in  the  second  line,  and  demanded 
the  ayes  and  noes  thereon;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes— Messrs.  Bonham,  Budd,  Bush, 
Davis  of  Nodaway,  Dodson,  D'Oench,  Drake, 
Ellis,  Filley,  Folmsbee,  Fulkerson.  Gilbert 
of  Lawrence,  Green,  Holdsworth,  Holland, 
Husmann,  King,  Leonard,  McKernan,  Mc- 
Pherson,  Martin,  Mitchell,  Newgent,  Nix- 
dorf,  Peck,  Rankin,  Rohrer,  St.  Gem, 
Smith  of  Mercer,  Strong,  Swearingen,  Wil- 
liams of  Caldwell,  and  Williams  of  Scot- 
land—33. 

Noes — Messrs.  Bedford,  Childress,  Cow- 
den,  Esther,  Evans,  Foster,  Gilbert  of 
Platte,  Hughes,  Hume,  Linton,  Morton, 
Owens,  Switzler,  Thilenius,  and  Mr.  Presi- 
dent— 15. 

Absent  with  Leave — Messrs.  Adams, 
Barr.  Bunce,  Davis  of  New  Madrid,  Gam- 
ble, Gilstrap,  Grammer,  Harris,  Meyer, 
and  Sutton — 10. 

Absent  without  Leave — Messrs.  Clover, 
Fletcher,  and  Holcomb — 3. 

Sick— Messrs.  Henderson,  Mack,  Smith  of 
Worth,  and  Weatherby — 4. 

So  the  amendment  was  adopted. 


Mr.  Bonham  moved  that  the  vote  just 
taken  be  reconsidered ;  and  also  moved  that 
the  motion  to  reconsider  be  laid  on  the  table, 
which  latter  motion  was  agreed  to . 

Mr.  Bush  offered  the  following  amend- 
ment : 

Amend  section   twenty-first  by  adding  \ 
thereto  the  words,  ' '  nor  shall  the  punishment 
of  death  be  inflicted . ' ' 

Mr.  Smith  of  Mercer  moved  to  lay  the 
ame ndment  offered  by  Mr .  B  ush  on  the  table .  J 

Mr.  Bush  demanded  the  ayes  and  noes,  I 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Davis  of  Nodaway,  Dod- 
son, Drake,  Ellis,  Esther,  Evans,  Folmsbee, 
Fulkerson,  Holdsworth,  Holland,  Hume, 
Linton,  McPherson.  Martin.  Newgent,  Peck, 
Rankin,  Smith  of  Mercer,  Swearingen,  Switz- 
ler—20. 

Noes— Messrs.  Bedford,  Bonham,  Bush, 
Childress,  Clover,  Cowden,  D'Oench,  Fos- 
ter, Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Green,  Hughes,  Husmann,  King,  McKer- 
nan, Mitchell,  Morton,  Mxdorf,  Owens, 
Rohrer,  St.  Gem,  Strong,  Thilenius,  Wil- 
liams of  Scotland,  and  Mr.  President — 25. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gamble, 
Gilstrap,  Grammer,  Harris,  Meyer,  and 
Sutton— 10. 

Absent  without  Leave — Messrs.  Budd, 
Filley,  Fletcher,  Holcomb,  Leonard,  and 
Williams  of  Caldwell— (5. 

Sick — Messrs.  Henderson,  Mack,  Smith  of 
Worth,  and  Weatherby— 4. 

So  the  motion  to  lay  on  the  table'  was  re- 
jected. 

The  question  then  being  on  the  adoption 
of  the  amendment  offered  by  Mr.  Bush,  Mr. 
Bush  demanded  the  ayes  and  noes,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes  — Messrs.  Bedford,  Bush,  Clover, 
Cowden ,  D'Oench,  Foster,  Green,  Hughes, 
Husmann,  Martin,  Nixdorf,  Owens, 
Rohrer,  Thilenius,  and  Mr.  President— 15. 

Noes— Messrs.  Bonham,  Childress,  Davis 
of  Nodaway,  Dodson,  Drake,  Ellis,  Esther, 
Evans,  Folmsbee,,  Fulkerson,  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Holcomb, 
Holdsworth,  Holland,  Hume,  King,  Leon- 
ard, Linton,  McKernan,  McPherson,  Morton, 
Mitchell,  Newgent,  Peck,  Rankin,  St.  Gem, 
Smith  of  Mercer,  Strong,  Swearingen, 
Switzler,  and  Williams  of  Scotland— 32. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gam- 
ble, Gilstrap,  Grammer,  Harris,  Meyer,  and 
Sutton— 10. 

Absent  without  Leave — Messrs.  Budd, 
Filley,  Fletcher,  and  Williams  of  Cald- 
well— 4. 

Sick— Messrs.  Henderson,  Mack,  Smith  of 
W  orth ,  and  W eatherby — 4 . 
So  the  amendment  was  rejected. 


89 


Mr.  Boxham  moved  that  the  article  on 
Declaration  of  Eights  be  ordered  to  be 
engrossed  for  a  third  reading . 

Pending  which,  Mr.  Bush  offered  the  fol- 
lowing amendment : 

Amend  by  striking  out  sections  twelve  and 
thirteen . 

Pending  which,  Mr.  Clover  moved  to 
adjourn;  011  which  motion,  Mr.  Holland 
demanded  the  ayes  and  noes,  which  being- 
taken  ,  the  vote  stood  as  follows : 

Ayes— Messrs.  Bedford,  Childress,  Clo- 
ver, Cowden.  Ellis,  Esther,  Folmsbee,  Fos- 
ter, Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Holcomb,  Hume,  Leonard,  McKernan, 
Martin,  Morton,  Nixdorf,  Owens,  Peck, 
Rankin,  Rohrer,  Smith  of  Mercer,  Strong, 
and  Williams  of  Scotland — 2-1. 


Noes — Messrs.  Bonham,  Bush,  Davis  of 
Nodaway,  Dodson,  D'Oench,  Drake.  Evans, 
Fuikerson,  Green,  Holds  worth,  'Holland, 
Hughes,  Husmann,  King,  Linton,  MePher- 
son,  Mitchell,  Newgent,  St.  Gem,  Swear- 
ingen,  Thilenius,  and  Mr.  President — 22. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gam- 
ble, Grilstrap,  Grammer,  Harris,  Meyer,  and 
Sutton — 10. 

Absent  without  Leave — Messrs.  Budd, 
Filley,  Fletcher,  Switzler,  and  Williams  ol 
Caldwell — 5 . 

Sick — Messrs.  Henderson,  Mack,  Smith  of 
Worth,  and  Weatherby — 4. 

So  the  motion  to  adjourn  was  agreed  to; 
and  the  Convention  adjourned  until  half- 
past  9  o'clock  to-morrow  morning. 


THIRTY-THIRD  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair . 

Prayer  by  Rev.  Mr.  Cole. 

Mr.  Drake  offered  the  following  resolu- 
tion : 

Resolved,  That  the  people  of  Missouri,  in 
authorizing,  by  a  majority  of  more  than 
thirty  thousand  votes,"  the  holding  of  this 
Convention,  and  in  electing  the  members 
thereof,  in  our  opinion,  intended  and  ex- 
pected not  only  that  slavery  should  be  abol- 
ished and  disloyalists  disfranchised,  but  that 
the  Constitution  of  this  State,  framed  nearly 
forty-five  years  ago,  for  a  slave  State  of  less 
than  seventy  thousand  inhabitants,  should 
be  carefully  revised  and  amended,  so  as  to 
adapt  it  to  a  free  State  of  more  than  a  mil- 
lion of  inhabitants ;  and  that  such  revision , 
amendment,  and  adaptation  should  be  made 
in  such  manner  as  to  the  people's  repre- 
sentatives here  assembled  should  seem 
expedient. 

Resolved,  That  we  will  proceed,  as  rap- 
idly as  may  be  consistent  with  clue  delibera- 
tion and  proper  care  for  the  public  good,  to 
perform,  in  all  its  parts,  the  duty  devolved 
upon  us,  confident  that  the  people  will  not 
complain  of  the  time  occupied  therein,  and 
trusting  that  our  work,  when  completed, 
will  vindicate  itself  before  them. 

Mr.  Foster  offered  the  following  as  a 
substitute  for  the  resolutions  of  Mr.  Drake : 

Resolved,  That  the  loyal  people  of  Missouri , 
in  the  opinion  of  this  Convention,  did  not,  I 


WEDNESDAY,  February  15th,  18G5. 

at  the  election,  and  do  not  now,  expect  or 
desire  us  to  revise  or  remodel  the  whole 
Constitution  of  the  State;  but,  on  the  con- 
trary, to  adopt  amendments  on  the  subject 
of  emancipation,  and  the  disfranchisement 
of  rebels,  and  such  others  as  the  public 
good  demand,  and  adjourn. 

Mr.  Bush  offered  the  following  as  a  sub- 
stitute for  the  proposition  of  Mr.  Foster, 
which  Mr.  Foster  accepted: 

Resolved,  That  the  proceedings  and  debates 
of  this  Convention,  during  the  past  five  weeks, 
have  satisfied  a  majority  of  its  members  that 
this  Convention  should  not  attempt  to  amend 
the  present  old  Constitution,  except  by  such 
amendments  as  have  become  absolutely 
necessary:  1st,  by  changing  this  State  from 
a  slave  State  into  a  free  State;  and  further, 
2d,  to  protect  the  purity  of  the  ballot-box; 
and  lastly,  such  other  amendments  about 
which  there  is  scarcely  any  diversity  of 
opinion  among  us  ;  and  that  we  should 
refrain  from  all  amendments  about  which 
this  Convention  is  almost  equally  divided, 
and  for  which  this  time  of  war  is  by  no 
means  propitious. 

Mr.  Bush  moved  to  lay  the  original  pro- 
position and  substitute  on  the  table ;  on  which 
motion  Mr.  Drake  demanded  the  ayes  and 
noes . 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M. 


90 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  ayes  and  noes  having  been  demanded 
on  the  motion  to  lay  on  the  table  the  reso- 
lutions of  Mr.  Drake  and  the  substitute  of 
Mr.  Foster,  the  vote  being  taken,  stood  as 
follows : 

Ayes— Messrs.  Bush.  Clover,  D'Oench, 
Ellis,  Esther,  Fletcher,  Foster,  Gilbert  of 
Platte,  Holcomb,  Holland,  Husmann,  Leon- 
ard, Linton,  Martin,  Morton,  Newgent, 
Nixdorf,  Rohrer,  St.  Gem,  Switzler,  Tliile- 
nius,  Weatherby,  Williams  of  Caldwell,  and 
Mr.  President— 24. 

Noes — Messrs.  Bonham,  Budd,  Childress, 
Cowden,  Davis  of  Nodaway,  Dodson,  Drake, 
Evans,  Filley,  Folmsbee,  Fulkerson,  Gil- 
bert of  Lawrence,  Henderson,  Holdsworth, 
Hughes,  Hume,  King,  McKernan,  McPher- 
son,  Owens,  Peck,  Smith  of  Mercer,  Smith 
of  Worth,  Strong,  Swearingen,  and  Williams 
of  Scotland — 26. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gam- 
ble, Gilstrap,  Grammer,  Harris,  Meyer,  and 
Sutton — 10. 

Absent  without  Leave — Mr.  Green — 1. 

Sick — Messrs.  Bedford,  Mack,  Mitchell, 
and  Rankin — 1 . 

So  the  motion  to  lay  on  the  table  was  re- 
jected. 

The  question  then  being  on  adopting  the 
substitute  offered  by  Mr.  Foster,  Mr.  Drake 
demanded  the  ayes  and  noes  thereon,  which 
being  taken,  the  vote  stood  as  follows: 

Ayes — Messrs.  Bush,  D'Oench,  Foster, 
Gilbert  of  Platte,  Holland,  Husmann,  Lin- 
ton, Martin,  Morton,  Nixdorf,  Owens,  St. 
Gem,  Switzler,  and  Thilenius — 14. 

Noes — Messrs.  Bonham,  Budd,  Childress, 
("lover,  Cowden,  Davis  of  Nodaway,  Dod- 
son, Drake,  Esther,  Evans,  Filley,  Fletcher, 
Folmsbee,  Fulkerson,  Gilbert  of  Lawrence, 
Henderson,  Holcomb,  Holdsworth,  Hughes, 
Hume,  King,  Leonard,  McKernan,  McPher- 
son,  Newgent,  Peck,  Smith  of  Mercer,  Smith 
of  Worth,  Strong,  Swearingen,  Weatherby, 
Williams  of  Caldwell,  Williams  of  Scotland, 
and  Mr.  President — 34. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gamble, 
Gilstrap,  Grammer,  Harris,  Meyer,  and  Sut- 
ton—10. 

Absent  without  Leave — Messrs.  Ellis, 
Green,  and  Rohrer — 3. 

Sick— Messrs.  Bedford,  Mack,  Mitchell, 
and  Rankin — i. 

So  the  substitute  was  rejected. 

The  question  then  being  on  the  adoption 
of  Mr.  Drake's  resolutions,  Mr.  Owens 
moved  their  indefinite  postponement;  on 
which  motion  Mr.  Drake  demanded  the 


ayes  and  noes,  which  being  taken,  the  vote 
stood  as  follows: 

Ayes — Messrs.  Bush,  D'Oench,  Foster, 
Gilbert  of  Platte,  Holcomb,  Husmann,  Lin-  8 
ton,  Martin,  Morton,  Newo-ent,  Nixdorf,  r 
Owens,  St.  Gem,  Switzler,  Thilenius,  Weath-  t 
erby,  Williams  of  Caldwell,  and  Mr.  Presi-  j 
dent— 18. 

Noes— Messrs.  Bonham,  Budd,  Childress,   j 1 
Clover,  Cowden,  Davis  of  Nodaway,  Dod-  I  I 
son,  Drake,  Esther,  Evans,  Filley,  Fletcher, 
Folmsbee,  Fulkerson,  Gilbert  of  Lawrence, 
Henderson,  Holdsworth,  Holland,  Hughes,  j 
Hume,   King,   Leonard,   McKernan,  Mc- 
Pherson,  Peck,  Smith  of  Mercer,  Smith  of  I 
Worth,  Strong,  Swearingen,  and  Williams 
of  Scotland— 30. 

Absent  with  Leave  —  Messrs.  Adams,  ! 
Bunce,  Davis  of  New  Madrid,  Gamble,  Gil- 
strap, Grammer,  Harris,  Meyer,  and  Sut- 
ton—10. 

Absent  without  Leave  —  Messrs.  Ellis, 
Green,  and  Eohrer — 3. 

Sick— Messrs.  Bedford, '  Mack,  Mitchell, 
and  Rankin — 4. 

So  the  motion  to  postpone  indefhiitely  was 
rejected. 

The  question  then  being  on  the  adoption 
of  Mr.  Drake's  resolution,  Mr.  Folmsbee 
demanded  the  ayes  and  noes  thereon,  which  I 
being  taken,  the  vote  stood  as  follows: 

Ayes — Messrs.  Bonham,  Budd,  Childress, 
Clover,  Cowden,  Davis  of  Nodaway,  Dod-  ; 
son,  Drake,  Esther,  Evans,  Filley,  Fletcher, 
Folmsbee,  Fulkerson,  Gilbert  of  Lawrence, 
Henderson,  Holdsworth,  Hughes,  Hume 
King,  Leonard,  McKernan/  McPherson, 
Peck,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Swearingen,  and  Williams  of  Scot- 
land—29. 

Noes — Messrs.  Bush,  D'Oench,  Foster, 
Gilbert  of  Platte,  Holcomb,  Holland,  Hus- 
mann, Linton,  Martin,  Morton,  Newgent, 
Nixdorf,  Owens,  St.  Gem,  Switzler,  Thi- 
lenius, Weatherby,  Williams  of  Caldwell, 
and  Mr.  President— 19. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Gamble, 
Gilstrap,  Grammer,  Harris,  Meyer,  and 
Sutton — 10. 

Absent  without  Leave  —  Messrs.  Ellis, 
Green ,  and  Rohrer — 3 . 

Sick  — Messrs.  Bedford,  Mack,  Mitchell, 
and  Rankin — 4. 

So  the  resolutions  were  adopted . 

The  motion  of  Mr.  Bonham,  relative  to 
the  article  on  Declaration  of  Rights,  being 
referred  to  the  Engrossing  Committee,  pre- 
paratory to  a  third  reading,  was  called  up, 
and  the  motion  was  agreed  to. 

Mr.  Budd  moved  to  adjourn,  which  mo- 
tion was  disagreed  to . 

On  motion  of  Mr.  Owens,  the  Convention 
resolved  itself  into  a  Committee  of  the 


91 


Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President  re- 
sumed the  chair,  and  Mr.  Holdsworth 
reported  that  the  Committee  had,  according 
to  order,  had  under  consideration  amend- 
ments to  the  Constitution,  and  particularly 
the  article  on  the  Legislative  Department, 
but  had  come  to  no  resolution  thereon. 

Mr.  Green  offered  the  following  substi- 
tute for  the  article  on  Elections  and  Qualifi- 
cations of  Voters ,  Officers,  and  others,  with 
a  request  that  it  be  printed  and  made  the 
special  order  for  Friday  next: 

article  — . 
Elections,  Qualifications  of  Voters,  and  others. 

Section  1.  After  the  adoption  of  this 
Constitution,  all  general  elections  shall  be 
held  biennially,  commencing  on  the  Tuesday 
after  the  first  Monday  in  November.  A.  D. 
1866.  and  every  two  years  thereafter,  on 
Tuesday,  before  the  first  Monday  of  the 
same  month:  Provided,  The  General  Assem- 
bly may,  bylaw,  prescribe  a  different  day. 
-  Sec.  2.  Every  white  male  citizen  of  the 
United  States  (except  idiots,  insane  per- 
sons, and  such  as  are  disqualified  in  the  third 
section  of  this  article  for  disloyal  practices 
and  sympathies ) ,  who  shall  have  attained  to 
the  age  of  twenty-one  years,  been  a  resident 
of  this  State  one  year,  and  of  the  count y  in 
which  he  offers  to  vote  two  months,  next 
before  an  election,  shall  be  entitled  to  be 
registered,  and  to  vote  at  all  elections. 

Sec.  3.  Persons  who,  since  the  day 

of   A.  D.  186  ,  shall  have  voluntarily 

engaged  in  war,  rebellion,  insurrection ,  or 
war-like  array  (or  who,  since  said  day, 
shall  have  voluntarily  adhered  to ,  openly 
sympathized  with,  or  in  any  way  aided,  | 
abetted,  or  encouraged  others  so  engaged)! 
against  the  military  forces  or  loyal  people  of 
the  United  States,  or  of  the  State" of  Missouri, 
and  persons  who,  after  having  voted  at  any 
election,  shall  have  claimed  protection  of 
any  foreign  government,  to  secure  exemp- 
tion from  any  military  draft,  or  from  ser- 
vice in  the  militia  forces  of  this  State,  are 
hereby  disqualified  to  vote,  hold  office,  serve 
on  juries,  teach  in  public  schools,  serve  as 
judges  or  clerks  of  any  election,  or  as  an 
employe  of  any  corporation  in  this  State: 
Provided,  however.  That  any  such  person 
who,  after  having  committed  the  offenses 
aforesaid,  shall  have  enlisted  as  a  volunteer 
in  the  military  service  of  the  United  States  . 
or  of  this  State,  and  served  one  year  or  j 
more,  and  been  thereafter  honorably  dis- 
charged,  is  hereby  relieved  against  the  dis-  j 
abilities  hereinabove  imposed. 

Sec.  4.  All  elections  shall  be  by  ballot, 
and  continue  one  day  only,  except  "that  the  j 
votes  of  qualified  electors,   absent  in  the 
military  service  of  the  United  States ,  or  of 


this  State,  shall  be  taken  in  any  manner,  on 
any  day  or  days  within  twenty  days  before 
any  election  day,  and  returned  in  any  time 
and  manner,  as  the  General  Assembly  may, 
by  law,  prescribe. 

Sec  .  5 .  The  General  Assembly  shall  have 
power  to  exclude  from  the  privileges  of  an 
elector,  or  other  privilege,  any  person  who 
may  have  been  convicted  of  bribery,  perjury 
or  other  infamous  crime. 

Sec.  6.  Electors,  during  attendance  at 
elections,  and  in  going  to  and  returning 
therefrom,  shall  be  privileged  from  arrest, 
in  all  cases  except  treason,  felony,  or  breach 
of  the  peace. 

Sec.  7.  Xo  person  in  the  military,  naval, 
or  marine  service  of  the  United  States,  shall, 
by  being  stationed  in  any  garrison,  military 
or  naval  station  within  this" State,  be  consid- 
ered a  resident  of  this  State. 

Sec.  8.  For  the  purpose  of  preserving  in 
purity  the  elective  franchise  to  the  loyal  peo- 
ple, and  of  carrying  into  effect  the  provisions 
of  this  article  of  the  Constitution,  it  shall  be 
the  duty  of  the  General  Assembly,  before 
the  next  general  election,  to  enact  a  uniform 
registration  law,  with  such  safeguards  as 
will  secure  the  registration  of  the  qualified 
electors  in  every  county,  protect  the  ballot- 
box  to  loyal  voters,  and  exclude  therefrom 
the  persons  disqualified  in  section  three  of  this 
article:  Provided,  That  until  such  law  shall 
have  been  enacted,  elections  may  be  con- 
ducted and  returns  made  as  now  provided  by 
law. 

Sec.  9.  After  the  first  day  of  December, 
A.  D.  1870,  it  shall  be  in  the  power  of  the 
General  Assembly  to  provide,  by  law,  for 
the  admission  to  the  privileges  of  an  elector, 
such  male  persons  of  African  descent  (and  no 
others  )  as  were  residents  of  this  State  on  the 
11th  day  of  December,  1865,  or  as  may  there- 
after have  been  born  in  this  State ,  with  such 
reasonable  qualifications  as  they  may,  by 
law,  prescribed:  Provided,  That  any  such  law 
as  the  said  General  Assembly  may  thereafter 
enact  for  the  purpose  aforesaid",  before  it 
shall  take  effect,  or  be  in  force,  shall,  at  the 
next  general  election  after  its  enactment,  be 
submitted  to  a  vote  of  the  qualified  electors, 
and  be  by  them  ratified  by  a  majority  vote. 

Sec.  10.  It  shall  be  the 'duty  of  the  Gen- 
eral Assembfy,  in  addition  to  a  registration 
law.  to  pass  'all  such  laws  as  may  be  found 
necessary  to  enforce  the  provisions  of  the 
several  sections  of  this  article,  and  especially 
the  disqualifications  imposed  in  the  third 
section . 

Sec  .  11 .   years  after  the  restoration 

of  peace  between  the  Government  of  the 
United  States  and  the  States  now  in  rebel- 
lion, the  General  Assembly  shall  have  power 
to  declare,  by  law.  the  third  section  of  this 
article,  in  whole  or  in  part,  inoperative  and 
void,  with  such  discriminations  as  they  may, 
by  law,  provide. 

Sec  .12.  Before  any  person  shall  hold  any 
position,  as  an  officer,  or  employe  in  any 
corporation,  vote  at  any  election,  hold  any 
office  of  honor,  profit,  "or  trust,  serve  as  a 


92 


juror,  judge,  or  clerk  of  any  election,  or 
teach  in  any  public  school  in 'this  State,  he 
shall  take  and  subscribe  to  the  following 
constitutional  oath : 
I,  A.  B.,  do  solemnly  swear  (or  affirm) 

that  since  the   day  of  ,  IS — ,  I 

have  never,  voluntarily,  engaged  in  war, 
rebellion,  insurrection,  or  warlike  array 
(nor  have  I  since  said  day  ever,  voluntarily, 
adhered  to,  openly  sympathized  with,  or  in 
any  way  aided,  abetted  or  encouraged  others 
so  engaged,)  against  the  military  forces  or 
the  loyal  people  of  the  United  States,  or  of 
the  State  of  Missouri;  nor  have  I,  since  said 
day,  having  voted  at  any  election,  ever 
claimed  the  protection  of  any  foreign  gov- 
ernment, to  secure  exemption  from  "any 
military  draft,  or  from  service  in  the  militia 
forces  of  this  State.  But  since  that  day  I 
have,  at  all  times,  faithfully  adhered  to  my 
allegiance  to  the  Government  of  the  United 
States,  and  of  the  State  of  Missouri;  I  will 


support,  defend  and  protect  the  Constitution 
of  the  United  States,  and  of  this  State, 
against  all  enemies  or  opposers,  so  help  me 
God. 

On  motion  of  Mr.  Drake,  the  usual  num- 
ber of  copies  of  Mr.  Green's  substitute  were 
ordered  to  be  printed. 

Mr.  Williams  of  Caldwell  moved  that  a 
committee  of  one  from  each  Congressional 
District  be  appointed,  to  which  shall  be 
referred  that  part  of  the  article  on  Legis- 
lative Department  which  relates  to  the 
ratios  of  representation,  which  motion  was 
agreed  to. 

On  motion  of  Mr.  Drake,  the  Convention 
adjourned  until  half-past  9  o '  clock  to-morrow 
morning. 


THIRTY-FOURTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Messrs.  Green  and  Rohrer  excused  them- 
selves for  being  absent  without  leave,  yester- 
day afternoon,  on  account  of  important  per- 
sonal business.  On  motion,  they  were 
excused . 

Messrs.  Bedford  and  Mitchell  stated 
that  sickness  caused  their  absence  yesterday 
afternoon,  and  they  were  so  recorded. 

The  President  announced  the  following 
gentlemen  as  the  Committee  on  the  Appor- 
tionment of  Representatives,  in  accordance 
with  the  motion  of  Mr.  Williams  of  Cald- 
well, on  yesterday : 

First  Congressional  District— George  P. 
Strong. 

Second  Congressional  District  —  Xsidor 
Bush. 

Third  Congressional  District— A.  M.  Mc- 
Phersoh. 

Fourth  Congressional  District — A.  Gilbert 
of  Lawrence . 

Fifth  Congressional  District— W.  S.  Hol- 
land. 

Sixth  Congressional  District — J.  Williams, 
Chairman  of  Committee. 

Seventh  Congressional  District — D.  Bon- 
ham  . 

Eighth  Congressional  District  —  M.  P. 
Green. 


THURSDAY,  February  18th,  1865.  , 

Ninth  Congressional  District — J.  H.Holds- 
worth . 

Mr.  Williams  of  Caldwell,  Chairman  of 
the  Committee  on  Apportionment  of  Repre- 
sentatives, presented  the  following  report: 

Your  Committee,  to  whom  was  referred 
the  subject  of  apportionment  of  members  of 
the  House  of  Representatives,  would  respect- 
fully report  that  they  have  unanimously 
agreed  upon  the  following  basis  of  represen- 
tation, and  recommend  its  adoption: 

Section  2.  The  House  of  Representatives 
shall  consist  of  members  to  be  chosen  every 
second  year  by  the  qualified  voters  of  the 
several  counties ,  apportioned  in  the  follow- 
ing manner,  viz:  The  ratio  of  representation 
shall  be  ascertained  at  each  apportioning  ses- 
sion of  the  General  Assembly  by  dividing 
the  whole  number  of  permanent  inhabitants 
of  the  State  by  two  hundred.  Each  county 
having  one  ration  or  less  shall  be  entitled  to 
one  representative;  each  county  having  three 
times  said  ratio  shall  be  entitled  to  two  repre- 
sentatives; each  county  having  six  times 
said  ratio  shall  be  entitled  to  three  repre- 
sentatives; and  so  on  above  that  number, 
giving  one  additional  member  for  every  three 
additional  ratios. 

On  motion,  the  report  was  received  and 
ordered  to  be  referred  to  the  Committee  of 
the  Whole. 

Mr.  Williams  of  Caldwell  asked  leave  of 


93 


absence  for  Mr.  Ellis,  in  consequence  of  sick- 
ness in  his  family,  which  was  granted. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole  to  resume  the  considerationof  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Budd  reported  that  the  com- 
mittee had,  according  to  order,  had  under 
consideration  amendments  to  the  Constitu- 
tion, and  particularly  the  article  on  the 
Legislative  Department,  but  had  come  to  no 
resolution  thereon. 

Mr.  Hcsmaxx  asked  leave  of  absence  for 
five  days  for  Mr.  Thilenius,  on  account  of 
sickness  in  his  family,  which  was  granted. 

Mr.  Peck  asked  leave  of  absence  for  him- 
self for  five  days,  on  account  of  sickness  in 
his  family,  which  was  granted. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M. 

AFTEPXOOX  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr .  Krekel  presented  a  petition  from  loyal 
citizens  of  the  counties  of  Montgomery,  Pike, 
Audrain,  and  Lincoln,  praying  the  forma- 
tion of  a  new  county  from  parts  of  said 
counties-,  which  was  read  for  information, 
and,  on  motion,  referred  to  the  Committee 
on  Miscellaneous  Provisions. 

Mr.  Clover  offered  the  following  resolu- 
tion: 

Resolved,  That  the  Committee  on  the  Ju- 
diciary be  instructed  to  report  forthwith  an 
ordinance  providing  for  the  vacating  of  such 
civil  offices  as  may  be  necessary  to  protect 
the  loyal  people  of  the  State,  and  to  har- 
monize the  working  of  the  State  Govern- 
ment, and  likewise  to  protect  citizens  from 
injury  and  harassment  from  prosecutions  for 
acts  done  by  them  in  support  of  the  Gov- 
ernment in  the  existing  rebellion . 

Mr.  Williams  of  Caldwell  moved  the 
adoption  of  the  resolution. 

Mr.  Drake  moved  to  amend  the  resolution 
as  follows: 


Strike  out  all  after  the  word  ;  -  ordinance* ' 
and  insert  in  lieu  thereof  the  following: 
* 4  Debarring  jurisdiction  to  the  courts  of  this 
State  of  any  criminal  prosecution  against 
any  person  for  any  aet  by  him  done  under 
military  orders  or  authority  since  the  first 
day  of  January,  1861 . ' ' 

Mr.  Folmsbee  moved  that  the  resolution 
and  amendment  be  referred  to  a  committee 
of  nine  members — one  from  each  Congres- 
sional District — whose  duty  it  shall  be  to 
ascertain  and  report  at  the  earliest  moment 
the  number  of  officers  which  should  be  re- 
moved in  consequence  of  disloyalty,  or  being 
in  sympathy  with  the  rebellion. 

Mr.  Folvisbee  withdrew  his  motion. 

Mr.  Mack  moved  that  the  Convention 
adjourn,  which  motion  was  rejected. 

Mr.  Drake  withdrew  his  amendment  to 
the  resolution  of  Mr.  Clover. 

The  question  then  being  upon  the  adoption 
of  the  resolution  of  Mr.  Clover.  Mr.  Drake 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken ,  stood  as  follows : 

Ayes — Messrs.  Bonham,  Bush.  Clover, 
Davis  of  Nodaway,  Dodson,  D'Oench, 
Folmsbee,  Foster,  Fulkerson,  Gamble, 
Gilbert  of  Lawrence,  Green,  Henderson. 
Holdsworth.  Holland.  Husmann,  King. 
McKernan,  McPherson,  Mitchell.  Xewgent, 
Xixdorf.  Ptohrer.  St.  Gem.  Smith  of  Worth. 
Swearino-en.  Thilenius.  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—30. 

Xoes — Messrs.  Childress.  Cowden,  Drake. 
Esther,  Gilbert  of  Platte.  Harris.  Holcomb. 
Hughes.  Hume,  Mack,  Morton.  Smith  of 
Mercer,  and  Sutton — 13. 

Absext  with  Leave  — Messrs.  Adams. 
Barr,  Bunce,  Davis  of  Xew  Madrid,  Ellis. 
Gilstrap,  Grammer,  and  Peck — 8. 

Absext  without  Leave — Messrs.  Bed- 
ford. Budd.  Evans.  Filley,  Leonard.  Lin- 
ton, Martin,  Owens,  Strong.  Switzler.  and 
Weatherby— 11. 

Sick— Messrs.  Fletcher.' Merer,  and  Ran- 
kin—3. 

So  the  resolution  was  adopted. 

On  motion  of  Mr.  Davis  of  Nodaway, 
the  Convention  adjourned  until  half-past  9 
o'clock  to-morrow  morning. 


94 


THIRTY-FIFTH  IJ.A.Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  McKendrick. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
to  resume  the  consideration  of  amendments 
to  the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair,  and 
Mr.  Martin  reported  that  the  committee 
had,  according-  to  order,  had  under  con- 
sideration amendments  to  the  Constitution, 
and  particularly  the  article  on  the  Legis- 
lative Department,  but  had  come  to  no 
resolution  thereon . 

On  motion  of  Mr.  Strong,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Drake  asked  leave  of  absence  for  Mr. 
Martin  till  the  1st  of  March,  which  was 
granted. 

Mr.  Martin  p resented  a  petition  from  the 
loj^al  citizens  of  Montgomery  county,  pray- 
ing for  some  measure  of  reliel  for  losses 


FRIDAY,  February  17th,  1865. 

suffered  at  the  hands  of  rebels  and  bush- 
whackers. The  petition  was  read  for  informa- 
tion, and  referred  to  the  Committee  on 
Miscellaneous  Provisions . 

Mr.  Foster  presented  two  petitions  on  the 
same  subject,  which  were  read,  and  referred 
to  the  Committee  on  Miscellaneous  Pro- 
visions. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution.  After 
some  time  spent  therein,  the  President  re- 
sumed the  chair,  and  Mr.  Smith  of  Mercer 
reported  that  the  committee  had,  according 
to  order,  had  under  consideration  amend- 
ments to  the  Constitution,  and  particularly 
the  article  on  the  Legislative  Department, 
but  had  come  to  no  resolution  thereon. 

Mr.  Owens  requested  leave  to  record  his 
vote  on  the  resolution  offered  by  Mr.  Clover 
yesterday.  Leave  was  granted,  and  he  had 
his  vote  recorded  in  the  negative. 

Mr.  Strong  asked  the  same  privilege. 
Leave  was  granted,  and  he  had  his  vote 
recorded  in  the  affirmative. 

On  motion  of  Mr.  Folmsbee,  the  Conven- 
tion adjourned  until  half-past  9  o'clock 
to-morrow  morning. 


THI RTY-SIXTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Dr.  Eliot. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole 
to  resume  the  consideration  of  amendments 
to  the  Constitution.  After  some  time  spent 
therein,  the  President  resumed  the  chair,  and 
Mr.  Bedford  reported  that  the  committee 
had,  according  to  order,  had  under  consid- 
eration amendments  to  the  Constitution,  and 


SATURDAY,  February  18th,  1865. 

particularly  the  article  on  the  Legislative 
Department,  but  had  come  to  no  resolution 
thereon. 

Mr.  Smith  of  Mercer,  Chairman  of  the 
Committee  on  the  Loyalty  of  Members,  pre- 
sented the  following  report : 

The  Committee  on  Loyalty  of  Members 
have  instructed  me  to  report  that  no  evidence 
of  disloyalty  on  the  part  of  any  member  has 
been  produced  to  them,  except  in  the  case 
of  Mr.  Thomas  B.  Harris,  of  Callaway 
county.    Having  carefully  weighed  the  evi- 


95 


pence  against  him,  and  having  listened  with 
patience  and  consideration  to  his  defense, 
vou.Y  committee  are  of  the  opinion  that  Mr. 
Harris  is  disloyal,  and  not  entitled  to  a  seat 
)n  this  floor.  "  The  committee  do  therefore 
recommend  that  I\Ir.  Harris  be  forthwith 
expelled  from  this  body. 

K.  G.  SMITH,  Chairman. 

On  motion  of  Mr.  Drake,  the  report  and 
accompanying  papers  were  recommitted  to 
the  select  committee,  with  instructions  to 
receive  any  additional  evidence  which  Mr. 
Harris  may  desire  to  present. 


The  President  caused  to  be  read  an  invita- 
tion from  the  Union  Merchants"  Exchange 
of  St.  Louis,  to  the  members  of  the  Con- 
vention, to  attend  a  dinner  on  Tuesday 
evening  next  . 

On  motion  of  Mr.  Budd,  the  invitation 
was  accepted. 

On  motion  of  Mr.  Foster,  the  Convention 
adjourned  till  Monday  morning  next,  at 
half-past  9  o'clock. 


THIRTY-SEVENTH  DAY. 


MONDAY,  February  20th,  1865. 


Convention  met  pursuant  to  adjournment, 
the  Vice  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Paige. 

Mr.  Budd  submitted  the  following  memo- 
rial, to  be  presented  to  the  Congress  of  the 
United  States,  asking  the  construction  of 
the  Southwest  Branch  of  the  Pacific  Pail- 
road  as  a  military  necessity :  which  was  read 
for  information,  and.  on  motion  of  Mr.  Box- 
ham,  referred  to  the  Committee  on  Internal 
Improvements : 

Memo-rial  to  the  Congress  of  the  United,  States, 
'    asking  the    construction  of  the  Southwest 
\    Branch  of  the  Pacific  Railroad,  as  a  military 
necessity . 

By  an  act  of  Congress,  entitled  "An  act 
granting  the  right  of  way  to  the  State  of 
Missouri,  and  a  portion  of  the  public  land, 
to  aid  in  the  construction  of  certain  rail- 
roads in  said  State.'"  approved  June  10th, 
1852.  this  State  obtained  one  million  of  acres 
of  the  public  lands,  to  aid  in  the  construction 
of  a  railroad  from  St.  Louis  to  the  western 
border  of  the  State,  and  these  lands  were  ap- 
propriated by  the  State  to  construct  said  road . 
by  applying  them  to  the  building  of  the  road 
from  St.  Louis  to  Franklin,  and  thence,  by 
what  is  called  the  Southwest  Branch  of  the 
Pacific,  to  the  western  border  of  the  State. 
One  hundred  and  thirteen  miles  have  been 
built,  but  their  means  becoming  exhausted, 
and  being  unable  to  sell  the  lands  at  such 
prices  as  they  should  command,  they  have 
not  been  able  to  command  the  means  to  make 
any  further  progress.  Could  the  road  be 
completed  through  these  lands ,  it  is  believed 
that  the  lands  would  very  nearly  pay  the 
cost  of  construction,  and  if  constructed,  it 
would  be  of  great  advantage  to  the  Govern- 
ment of  the  "United  States,  in  a  military  point 


1  of  view,  and  would  save  to  the  Government 
much  money  in  the  cost  of  transportation. 

Your  memorialists  will  further  report, 
that  the  southwestern  portion  of  our  State 
has  been  devastated  every  year  since  the 
rebellion  began:  that  its  inhabitant-  have 

j  been  murdered,  and  driven  from  their  homes 
and  lands:  that  this  portion  of  the  State  is 
now  the  property,   in  part,   of  helpless 

j  widows  and  orphans  of  murdered  Union 
men:  that  the  State  has  had.  in  a  great 
measure,  to  relieve  it  from  taxation,  and 
that  anything  Congress  should  do  for  this 

;  portion'  of  Missouri,  would  be  serving  the 

I  best  interests  of  the  Government,  and  taking 
care  of  the  widows  and  orphan-  of  those 
brave  and  good  men  who  have  given  up  their 

I  lives  for  their  country.  The  heart  sickens 
in  contemplating,  the  ruthless  destruction 
that  has  been  visited  on  this  portion  of  our 

I  people — the  monuments  of  chimneys .  left  to 
point  where  was  once  the  happy  home  of  a 
Union  family,  and  the  wails;  the  effect  of 
persecution  and  suffering,  which  come  up 
to  us  from  this  quarter  of  the  State,  should, 
in  the  judgment  of  your  memorialists, 
command  from  the  Government  its  every 
effort  to  give  them  some  relief.  The  con- 
struction of  this  road  would  soon  render  this 
portion  of  the  State  again  safe  to  live  in.  It 
would  advance  the  value  of  the  lands  of  the 
widows  and  orphan-,  who  have  now  no 
homes,  and  they  might  be  able  to  sell  a  por- 
tion of  their  property  to  rebuild  their  burnt 
houses,  and  purchase  farming  utensils  and 
stock. 

We  believe,  if  the  Government  would 
build  the  road  on  condition  the  lands  granted 
should  be  ceded  back  to  the  United^States, 
that  after  the  road  was  built  the  sales  of  the 
lands  would  go  far  toward  reimbursing  the 
Government,  and  would,  perhaps,  wholly 
pay  the  cost  of  construction. 


96 


In  view  of  all  the  circumstances,  we  earn- 
estly urge  the  Government  to  construct  this 
road,  and  that  the  legislation  required  to 
construct  it  may  be  had  at  this  session  of 
Congress . 

Mr.  Gilbert  of  Platte  presented  a  re- 
monstrance from  citizens  of  Platte  county, 
against  the  removal  of  the  county  seat  of 
said  county,  which,  on  motion  of  Mr.  Gil- 
bert, was  read  for  information,  and  re- 
ferred to  the  Committee  on  the  Judicial 
Department. 

Mr.  Morton  asked  leave  of  absence  for 
Mr.  Gilbert  of  Platte  during  this  week, 
which  was  granted. 

Mr .  Smith  of  Worth  offered  the  following 
article  on  Jurisprudence,  which  was  read 
the  first  and  second  time,  and  referred  to 
the  Committee  on  the  Judicial  Department. 

ARTICLE  — . 

Jurisprudence . 

Section  1.  The  General  Assembly,  at  its 
first  session,  shall  provide  for  the  appoint- 
ment of  three  commissioners,  and  prescribe 
their  tenure  of  office,  compensation,  and 
the  mode  of  filling  vacancies  in  said  commis- 
sion . 

!Sec.  2.  The  said  commissioners  shall  re- 
vise .  reform,  simplify,  and  abridge  the 
practice,  pleadings,  forms,  and  proceedings 
of  the  courts  of  record  of  this  State,  and, 
as  far  as  practicable  and  expedient,  shall 
provide  for  the  abolition  of  the  distinct 
forms  of  action  at  law,  now  in  use,  and  for 
the  administration  of  justice  by  a  uniform 
mode  of  proceeding,  without  reference  to 
any  distinction  betweeen  law  and  equity. 

Sec.  3.  The  proceedings  of  the  commis- 
sioners shall,  from  time  to  time,  be  reported 
to  the  General  Assembly,  and  be  subject  to 
the  action  of  that  body. 

Mr.  Holland  moved  that  a  committee  of 
five  be  appointed,  to  whom  shall  be  referred 
the  thirteenth  and  fourteenth  sections  of  the 
act  for  the  organization  and  government  of 
the  Missouri  militia,  passed  by  the  General 
Assembly  at  its  present  session. 

After  debate,  Mr.  Holland  withdrew  his 
motion. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  the  consideration  of 
amendments  to  the  Constitution .  After  some 
time  spent  therein,  the  President  resumed 
the  chair,  and  Mr.  Davis  of  Nodaway  re- 
ported that  the  committee  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,   and  paricularly  the 


article  on  the  Legislative  Department,  but 
had  come  to  no  resolution  thereon. 

The  President  caused  to  be  read  a  com- 
munication from  the  Governor  of  Delaware, 
relating  to  the  amendment  to  the  United 
States  Constitution  prohibiting  slavery  in 
the  United  States,  which  was  read  for  in- 
formation, and,  on  motion,  laid  on  the  table. 

On  motion  of  Mr.  Davis  of  Nodaway,  the 
Convention  adjourned  until  half-past  2 
o'clock  P.M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Williams  ot  Caldwell  offered  the  fol- 
lowing resolution,  and  moved  that  it  be  re- 
ferred to  a  special  committee : 

Resolved,  That  when  this  Convention  ad- 
journs this  day,  it  shall  stand  adjourned  till 
Friday  next  at  half-past  9  o'clock  a.  m., 
when  it  shall  meet  in  the  Hall  of  Representa- 
tives at  the  city  of  Jefferson. 

Mr.  Green  offered  the  following  amend- 
ment to  said  resolution : 

Amend  by  striking  out  ''Friday  next," 
and  inserting,  in  lieu  thereof,  '"'the  first 
Wednesday  in  April  next. ' ' 

Mr.  Weatherby  moved  that  the  commit- 
tee report  at  5  o'clock  p.  m.  ,  this  day. 

Mr.  Weatherby  withdrew  his  motion. 

Mr.  St.  Gem  moved  that  the  committee 
report  on  Wednesday  morning  next  at  10 
o'clock,  which  motion  was  rejected. 

Mr.  Williams  of  Caldwell  moved  that  the 
committee  consist  of  five  members. 

Mr.  Husmann  moved  the  committee  be  in- 
creased to  nine,  which  was  accepted  by  Mr. 
Williams  of  Caldwell,  and  on  motion,  the 
resolution  was  adopted. 

The  President  appointed  the  following 
gentlemen  as  such  committee  :  Messrs. 
Williams  of  Caldwell,  Drake,  Green,  New- 
gent,  St.  Gem,  Mack,  Bedford,  Morton, 
and  Husmann. 

On  motion  of  Mr.  Holland,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole  to  resume  the  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Folmsbee  reported  that  the 
committee  had,  according  to  order,  had 
under  consideration  amendments  to  the  Con- 


97 


ititution,  and  particularly  the  article  on  the 
legislative  Department,  but  had  come  to 
ao  resolution  thereon. 
Mr.  Clover.  Chairman  of  the  Committee  ' 
the  Judicial  Department,  submitted  the 
following  report,  accompanied  by  an  ordi- 
nance providing  for  the  removal  of  certain 
iffieers : 

The  Committee  on  the  Judiciary  Depart- 
pent  of  the  Government,  to  whom  was  re-  I 
:erred  the  resolution  instructing  the  commit- 
tee to  report  an  ordinance  providing  for  the  j 
pleating  of  such  civil  offices  as  may  be  neces-  j 
sary  to  protect  the  loyal  people  of  the  State,  j 
mil  to  harmonize  the  working  of  the  State 
government-,  and  likewise  to  protect  citizens 
Torn  injury  and  harassment  from  prosecu-  j 
ion  for  acts  done  by  them  in  support  of  the 
government  in  the  existing  rebellion,  re- 
spectfully report  the  accompanying  ordi- 
nance . 

The  committee  deem  themselves  at  liberty 
:o  preface  the  ordinance  which  they  report 
In  obedience  to  the  instructions  given  them, 
with  some  remarks  in  explanation  and  state-  j 
iQient  of  the  reasons  which  have  led  them  to  : 
die  conclusion  at  which  they  have  arrived. 
:  The  resolution  of  instruction  embraces,  it 
will  be  seen ,  two  distinct  and  independent 
positions:  first,  the  vacating  of  certain  civil 
pffices  of  the  State:  and  second,  the  protec- 
tion of  citizens  from  injury  and  harassment, 
I'roni  prosecutions  for  acts  done  by  them  in 
|;he  support  of  the  Government  in  the  exist-  j 
ng  rebellion. 

As  the  two  propositions  are  embraced  in  a 
jingle  resolution,  so  have  the  committee 
thought  lit  to  embrace  the  two  subjects  in  a 
single  ordinance,  not  deeming  it  well  to 
propose  two  ordinances  when  one  could 
iccomplish  both  objects,  or  desiring  to  over-  | 
oad  the  work  of  the  Convention  with 
repeated  instances  of  distinct  constitutional 
iction  where  the  same  was  not.  in  the 
minion  of  the  committee,  absolutely  neces- 
sary . 

The  resolution  of  instruction  does  not  cle-  1 
3lare  what,  or  what  number,  of  civil  offices  j 
)f  the  State,  in  the  opinion  of  the  Conven- 
ion,  it  is  necessary  to  vacate,  in  order  to  j 
protect  the  loyal  people  of  the  State  and  to 
larmonize  the  working  of  the  State  Govern- 
ment; wherefore,  the  committee  are  left  to 
Ixercise  their  own  best  judgment  in  the  mat- 
er, and  to  report  their  views  in  the  premises. 
Saving  it  to  the  Convention  to  adopt,  in 
vhole'or  in  part,  the  report  of  the  commit- 
ee,  or  indeed  to  wholly  reject  the  same. 

Two  ideas  are  potently  presented  in  the 
^solution  upon  this  subject,  namely,  the 
protection  of  the  loyal  people  of  the  State, 
uid  harmony  in  the  working  of  the  State 
Governments  after  the  very  fundamental 
imd  extensive  changes  in  our  governmental 
ystem.  which  were  undoubtedly  to  be  pro- 
luced  by  the  action  of  the  Convention,  Two 
natters'  the  Convention  is  unquestionably 

G 


called  upon  to  perform,  viz:  the  emancipa- 
tion of  the  slaves  in  the  State,  and  the  pre- 
servation in  purity  of  the  elective  franchise 
to  the  loyal  citizens;  and  the  two  other  mat- 
ters of  protection  to  the  loyal  people  of  the 
State,  and  harmony  in  the  working  of  the 
State  government,  ought,  in  the  opinion  of 
the  committee,  and  it  appears  likewise  of 
the  Convention,  to  follow  upon  these. 

If  the  Judicial  Department  of  the  State 
Government,  throughout  and  in  detail,  be 
not  in  unison  and  harmony  with  the  execu- 
tive and  legislative  departments,  then,  in 
the  opinion" of  the  committee,  the  working 
of  the  social  system  will  be  harsh,  discordant 
and  indeed  incapable  of  efficient  and  beneficial 
result — and  thereby  likewise  may  follow  in- 
justice, oppression' and  wrong  to" the  citizens 
of  the  State. 

It  may  not  be  improper  or  useless  for  this 
committee  to  prefer  the  statement  of  the  fact, 
that  this  State  has  undergone  for  the  past 
four  years,  and  is  still  undergoing,  the  most 
terrible  social  and  political  revolution,  and 
the  action  of  this  Convention  is  not  to  be 
measured  and  regulated  by  the  standard  of 
ordinary  and  normal  times".  Our  State  is  in 
an  abnormal  condition,  produced  not  by  its 
friends  and  supporters,  but  by  those  who 
would  seek  its  ruin  and  destruction ;  where- 
fore, are  we  to  be  governed  by  the  rules  of 
conduct  and  legislation  which'  should  pre- 
vail in  ordinary"  times  ? 

In  consideration  of  this  condition  of  things 
in  the  State,  and  without  entering  into  a 
detail  of  them,  the  committee  is  of  opinion 
that,  to  harmonize  the  working  of  the  State 
Government  in  all  its  departments,  it  is- 
necessary  to  vacate  throughout,  and  in 
detail,  all  the  judicial  offices  in  the  State. 

The  committee  see  tit  to  point  their  views 
in  this  respect  with  illustration.  The  Con- 
vention has  already  enacted  an  ordinance 
emancipating  slaves"in  the  State  .  Should  the 
Judicial  Department  of  the  State  Government 
be  held  at  liberty  to  impeach  the  entire 
lawfulness  of  this  act  of  the  Convention  '? 
Property  in  man  exists,  and  has  always 
heretofore  been  recognized  in  the  State,  and 
if  rightfully  existing  at  one  time,  may  always 
rightfully  exist . 

The  Convention,  or  the  majority  of  the 
people,  have  no  right  or  lawful  authority  to 
deprive  a  citizen  of  property  without  com- 
pensation, not  even  pretended  to  be  taken 
for  public  use.  The  right  or  authority  so  to 
do  is  denied  in  the  very  nature  of  the  social 
contract.  Upon  this  plea  the  lawfulness  of 
this  act  of  the  Convention  may  be  denied  by 
the  judges.  Should  it  be  so  permitted,  if  it 
can  be  prevented "? 

Again,  the  Convention  has  considered  the 
measure  of  preserving  in  purity  the  elective 
franchise,  and,  in  so  doing,  to"  disfranchise 
the  rebel  and  rebel  sympathizer.  Shall  the 
effect  of  this  measure  be  allowed  to  be  frit- 
tered away  by  unfavorable  and  hostile  con- 
struction "and  interpretation  of  term  and 
phrase? 


98 


The  committee  had  no  difficulty  whatever 
in  carrying  their  views,  as  to  the  vacating  of 
offices,'  to  the  extent  thus  far  indicated. 
They  have  felt  warranted  by  such  considera- 
tions as  these,  as  well  as  by  the  general  idea 
of  securing  protection  to  the  loyal  people  of 
the  State,  through  this  the  chief  safeguard  of 
the  rights  and  liberties  of  the  people,  to  re- 
port in  favor  of  a  general  vacating-  of  all 
judicial  offices  in  the  State,  and  the  filling  of 
them  anew. 

The  committee  are  well  aware  that  a  large 
proportion  of  the  administrators  of  the  law 
throughout  the  State  are  earnest,  determined 
and  loyal  men,  fitted,  in  every  respect  of  the 
times  and  the  places,  for  the  harmonious 
uniting  in  the  conduct  of  the  State  Govern- 
ment at  the  present  time',  and  they  would 
have  been  glad  to  be  able  to  make  distinction 
in  the  operation  of  their  report,  but  this  they 
have  been  unable  to  do. 

The  committee,  however,  have  gone  fur- 
ther, and  their  reported  ordinance  makes 
provision  for  the  vacating,  likewise,  of  the 
offices  of  the  clerks  of  the  several  courts  of 
record  in  the  State.  The  justification  and 
the  necessity  of  this  provision  are,  in  the 
opinion  of  your  committee,  to  be  found  in 
the  fact  that  the  election  for  clerks  of  the 
different  courts  occurred  at  a  date  generally 
prior  to  the  outbreak  of  the  present  rebellion, 
and  when  the  issue  of  loyalty  or  disloyalty 
on  the  part  of  the  incumbents  of  those  offices 
could  not  be  made;  and  especially  and  par- 
ticularly in  the  further  fact  that,  in  the  cases 
of  not  a  few  of  the  incumbents  of  those  offices, 
they  are  generally,  and  indeed  universally, 
regarded  by  all  loyal  men,  in  any  degree 
acquainted  with  their  character,  as  indisputa- 
bly hostile  to  the  Government  in  its  present 
crisis.  If  this  be  so,  and  the  committee  be- 
lieve it  to  be  so,  what  an  extraordinary  and 
unjustifiable  state  of  things  is  thereby  shown. 
That  it  should  be  endured  seems  passing 
strange — that  a  man ,  an  enemy  to  his  coun- 
try, and  wishing  and  seeking  its  destruction, 
actively  so ,  should  be  allowed  to  draw  profit 
from  and  grow  rich  upon  the  income  of  a 
public  office,  the  revenues  of  which  are  de- 
rived from  taxes  paid  by  loyal  men. 

The  committee  are  happy  to  believe,  in- 
deed to  know,  that  these  remarks  can  apply 
to  but  few  of  the  class  of  men  named.  The 
mere  fact,  however,  that  some  such  cases  as 
are  mentioned  do  exist,  constitutes,  in  the 
opinion  of  the  committee,  Ml  justification 
for  their  action. 

The  committee,  however,  in  the  progress 
of  their  work,  have  here  arrived  at  a  point 
where  they  have  felt  the  greatest  difficulty 
existed;  that  is  to  say,  in  the  matter  whether 
the  vacating  of  the  civil  offices  should  extend 
further  than  they  have  already  declared,  and 
upon  this  point  there  exists  diversity  of 
opinion  among  them,  which  can  only  be 
settled  by  the  action  of  the  Convention  itself. 
Upon  the  most  careful  and  anxious  consider- 
ation the  undersigned  members  of  the  Com- 
mittee have  been  able  to  give  the  subject,  it 
is  not,  in  then*  .opinion ,  wise  to  extend  the 


provisions  of  this  ordinance  further  than  to 
the  offices  they  have  named  in  their  report, 
the  incumbents  of  which  are  so  intimately 
connected  with  the  administration  of  the 
Judiciary  Department  of  the  Government. 

The  committee  feel,  with  its  full  force,  the 
suggestion  which  has  been  made  by  members 
of  the  Convention,  that  in  some  instances, 
in  particular  parts  of  the  State,  disloyal  men 
were  elected  by  the  people,  as  recently  as 
November  last,  to  fill  the  very  important 
office  of  sheriff,  as  well  as  other  offices  in 
some  of  the  counties.  And  the  committee 
incline  to  the  opinion  that  such  may  have  j 
been  the  case,  for  if  a  single  county  elected 
to  the  General  Assembly  a  member  whom 
that  loyal  body  has  thought  fit,  as  we  sup- 
pose, upon  competent  and  full  proof,  to 
declare  disloyal  and  unfitted  for  membership  1 
in  a  loyal  body  of  men,  it  would  seem  to 
them  to  warrant  the  belief  that  the  same1 
result  may  have  been  produced  in  the  cases 
of  other  persons  occupying  other  offices  1 
and  the  committee  have  likewise  felt  the 
force  of  the  other  suggestion,  that  loyal  dis- 
tricts have  not  needed,  and  do  not  need,  :' 
protection  in  this  way;  that  it  is  the  loyal 
citizens  in  the  disloyal  districts — fortunately, 
it  is  true,  at  the  present  time  but  few  in  the 
State — who  can  specially  claim  the  exertion 
of  our  prerogative  for  their  benefit  and  pro-  \ 
tection . 

While  the  committee  would  have  been  will- 
ing to  attempt  a  remedy  for  this  condition 
of  things,  if  entirely  practicable,  yet,  as 
clearly,  in  their  opinion,  this  could  not  bell 
done  without  applying  it  as  a  general  rule' 
to  all  of  the  classes 'of  offices  referred  to,  audi 
as  the  evil  is  of  a  partial  and  temporary  char-  i 
acter,  existent  only  for  a  limited  period — and 
with  the  opportunity,  as  the  committee  sin-|l 
cercly  hope,  offered  the  people  aggrieved;,!! 
themselves  to  remedy  the  unfortunate  state  ! 
of  things  at  the  next  occurring  election,  be- 
yohd  tne  possibility  of  the  same  evil  recur- it 
ring,  and  this  through  the  efficient  working! 
of  the  new  Constitution,  in  the  disfranchizing! 
of  rebels  and  rebel  sympathizers — the  com- 
mittee have  concluded  to  here  stop . 

It  is  not  to  be  denied  that  the  ordinance  t 
reported  by  this  committee  is  liable  to  the 
objection,  '  that,  thereby  an  extraordinary  |  ti 
amount  of  patronage  and  power  is  lodged  iii 
the  hands  of  a  single  citizen  of  the  State,  if  n 
the  fact  that  all  the  offices  proposed  to  hi  ft 
vacated  are  to  be  tilled  by  the  appointment  oi 
of  the  Executive . 

The  committtee  have  considered  this  mat- 
ter with  the  seriousness  which  it  requires,  1  m 
and  with  the  distrust  which  they  naturally 
feel  in  vesting  any  one  man  with*  so  great  1  K 
power,  and  the  dislike  they  entertain  oi  k 
depriving  the  people,  in  the  smallest  degree  V 
or  for  a  limited  time,  of  the  right,  whicti 
they  unquestionably  possess,  of  being  per-  n 
mitted  to  choose  their  own  servants  and  i! 
magistrates.    But  the  committee  have  fell],  o 
that  it  would  be  entirely  impracticable  to  fil 
the  offices  which,  in  their  opinion,  it  is 
necessary  to  vacate,  in  order  to  protect  the 


99 


loyal  people  and  in  order  to  harmonize  the 
working  of  the  State  government,  by  popu- 
lar elections,  at  the  present  time.    And  in 
the  matter  of  the  filling  of  the  vacancies  so 
created,  the  committee  have  not  felt  them- 
selves at  liberty  to  doubt  that  the  Executive, 
i  in  the  filling  of  them,  will  feel  himself  in  all 
instances  bound  to  recognize  and  to  ratify 
the  voice  of  the  people  in  all  loyal  districts , 
and  as  to  all  loyal  men,  as  it  shall  be  clearly 
j  manifested  and  declared  unto  him.  Upon 
I  this  subject  they  can  entertain  no  doubt 
1;  whatever. 

Finally,  upon  this  point,  while  the  com- 
I  mittee  feel  that  the  change  in  the  entire  judi- 
I  cial  system  of  the  State, "as  proposed,  is  of  a 
I  most  striking  and  radical  character,  undoubt- 
1  edly  not  to  be  done  in  ordinary  times  upon 
I  such  considerations  as  are  stated  in  this  their 
■  report,  and  not  to  be  tolerated  under  the 
I  idea  of  performance  for  mere  partisan  pur- 
1  poses,  yet,  in  view  of  the  grave  character  of 
I  the  measure,  and  fully  regarding  the  condi- 
1  tion  of  our  State,  the  new  system  of  funcla- 
I  mental  law  upon  which,  as  a  people,  we  are 
I  entering,  the  great  and  sudden  change  from 
I  the  old  to  the  new,  and  likewise  believing 
1  that  a  decent  respect  for  the  opinions  of  the 
whole  political  community  should  be  ob- 
M  served,  the}"  are  of  opinion  that  the  course 
■  which  they  have  recommended  will  be  justi- 
li  fied  by  candid  opinion,  not  only  in  the 
|  present  time,  but  with  posterity. 

The  committee  now  come  to  the  considera- 
I  tion  of  the  second  subject  embraced  in  the 
I  resolution  of  instruction,  to- wit:  the  pro- 
I  tection  of  citizens  from  injury  and  harass- 
1  ment  from  prosecutions  for  acts  done  by 
I  them  in  the  support  of  the  Government  in 
fj  orduring  the  present  rebellion.  Upon  this 
f\  subject,  so  important  and  interesting  in  its 
nature,  the  committee  have  entertained  no 
difficulty  whatever. 
As  before  remarked,  the  unexampled  na- 
il ture  and  condition  of  affairs  which  have  pre- 
i  vailed  in  the  State  since  the  rebellion,  and 
L  are  now  existing,  in  the  opinion  of  the  coin- 
I  mittee,  leads  to  the  necessity  and  points  to 
i  the  wisdom  of  the  action  which  they  have 
[!  recommended. 

Xot  only  has  civil  war  actively  raged  in 
|  the  State,  between  the  citizens  thereof,  but 
I  martial  lav/,  for  a  time  nearly  coexistent 
|  with  that  war,  has  been  imposed  and  en- 
|  forced  upon  us  by  a  superior  jurisdiction  to 
ft  our  own — that  of  the  Government  of  the 
i  United  States. 

The  committee  apprehend  that  no  loyal 
I  man  has  questioned  the  lawfulness,  if  such  a 
j.  term  may  be  used  in  such  connection,  of  this 
j  condition  of  affairs,  however  much  all  may 
I  be  disposed  to  regret  the  necessity  of  its 
I  bein<*  instituted  and  enforced,  or  continued, 
j  If  this  condition  of  affairs — the  prevalence  of 
l!  martial  law — has  produced  inconvenience  and 
j  detriment,  and,  it  may  be,  particular  cases 
j!  of  oppression  and  wrong,  on  the  other  hand, 
I  it  cannot  be  denied  that  it  also  has  produced 
I  the  most  beneficial  and  salutary  results. 
I  That  it  has  been  the  means,  in  a  large  degree, 


of  preserving  peace,  order,  and  quiet  through- 
out the  State;  that  it  is,  this  very  day  and 
hour,  promoting  the  peace  and  safety  of  the 
citizen,  the  almost  unanimous  vote  of  this 
Convention,  had  but  a  few  days  ago.  pro- 
testing against  its  abrogation,  witnesses  and 
attests . 

And  what  is  this  law,  called  martial  law? 
The  Convention  knows  that  it  is  the  abroga- 
tion of  the  civil  law,  and  the  substitution 
therefor  of  simply  the  will  of  the  military 
commander.  Disguise  it  as  we  may,  this  is 
the  simple  and  true  definition  of  the  law 
denominated  martial.  This  power,  since  its 
institution  in  this  State,  has  suppressed 
newspapers;  has  stopped,  as  well  as  regu- 
lated commercial  intercourse;  has  seized 
property;  has  punished,  by  its  own  law. 
the  citizen;  lias  controlled  "the  courts;  has 
forbidden  the  institution  or  prosecution  of 
suits,  has  imprisoned  the  person  of  the 
suitor,  has  instructed  the  judge;  has  en- 
tered houses;  has  taken  household  furniture, 
has  sold  the  same,  has  made  title  thereto, 
has  appropriated  the  proceeds  thereof— not 
the  property  of  citizens  actually  engaged  in 
war,  but  of' those  who  were  simply  disloyal 
and  disaffected;  has  levied  assessments,  col- 
lected monies,  imprisoned,  banished,  and 
put  do  death.  All  this  is  utterly  incompati- 
ble with  the  ordinary  and  usual  workings  of 
civil  government . 

This  has  been  done  and  is  being  done  in 
palpable  and  direct  violation  of  the  plainest 
principles  of  the  Constitution  which  we  are 
amending,  and  which  principles  we  are  re- 
taining in  our  new  work.  It  has  been  done, 
not  through  the  medium  of  courts  of  justice, 
not  through  the  intervention  of  a  jury,  not 
by  the  judgment  of  the  peer,  not  by  the  law 
of  the  land,  but  in  the  opinion  of  the  com- 
mittee it  has  been  necessarily  done.  This 
condition  of  affairs  has  been  brought  about 
by  no  fault  of  the  loyal  people  of  the  State. 

The  exercise  of  martial  law,  therefore,  is 
utterly  subversive  of  civil  law,  wherever  the 
two  come  in  conflict.  It  is  true  that  civil 
organism  has  been  permitted  and  encouraged 
in  this  State  wherever  it  could  be  safefy  done, 
but  in  portions  thereof,  to  this  hour,  there 
exists  no  law  worth  mentioning  the  name 
of,  except  the  law  military.  The  committee 
deeply  regret  this  condition  of  things,  and 
trust  that  the  hour  is  not  far  distant  when 
we  may  be  safefy  restored  to  a  better  condi- 
tion of  things ;  but  it  is  only  a  few  months 
since  our  State  was  traversed  from  the  south- 
eastern border  to  its  western  line  by  a  host 
of  invading  foes. 

And  the  question  recurs,  shall  all  the 
matters  which  the  committee  have  spoken 
of  be  drawn  into  controversy  and  adjudica- 
tion by  the  civil  or  criminal  courts  of  the 
land  now,  or  when  martial  law  shall  in  the 
future  be  abrogated  and  annulled  ?  In  the 
opinion  of  the  committee  it  would  not  be 
the  part  of  wisdom  to  have  this  be. 

The  officer  of  the  United  States  Govern- 
ment, acting  in  willful  and  wanton  violation 
of  his  duty  to  the  Government  and  to  the 


100 


citizen,  should  unquestionably  meet  with 
speedy  and  proper  punishment  for  his 
offense,  and  if  he  can  not  be  reached  by  the 
civil  law,  ought  to  be  punished  by  that 
Government,  not  only  in  the  way  of  penalty 
for  the  offense,  but  redress  likewise  to  the 
injured  individual. 

In  all  times  of  peace,  and  even  of  war, 
where  practicable,  the  military  should  be 
held  subordinate  to  the  civil  authorities,  and 
the  committee  are  anxious  to  assert  that  for 
acts  of  wanton  and  willful  violation  of  private 
rights  neither  the  citizen  or  soldier  can  be 
exempt  under  the  plea  of  justification  by 
military  necessity.  The  committee  trust 
that  the  cases  are  but  lew,  indeed,  where 
such  qualities  of  acts  can  be  shown  to  exist, 
but  in  the  large  class  of  acts  clone  without 
any  justification  or  sanction  of  law  whatever; 
but,"  nevertheless,  in  the  emergency  of  the 
times,  rightfully  done,  these  acts,  in  the 
opinion  of  the  committee,  can  not,  will  not 
be  permitted  to  and  should  not  be  drawn 
into  adjudication  according  to  the  principles 
of  civil  law  by  the  civil  courts. 

Upon  what  safe  principle  can  the  judge  of 
a  civil  court  decide  upon  the  quality  of  such 
acts?  He  can  only  declare  the  law,  and 
seeing  no  legal  justification  or  excuse,  he  can 
only  pronounce  the  judgment  of  the  law. 
He  can  not  make  the  law  and  say  what,  in 
his  opinion,  the  law  should  be  in  a  given 
state  of  facts.  He  can  not  say  that  a  man 
ought  to  be  justified,  excused,  or  indemni- 
fied, and  exonerated  by  reason  of  a  just 
motive  and  a  good  result  to  the  State,  how- 
ever detrimental  to  the  individual  affected. 

The  committee  make  reference  to  the 
highest  authority  in  speaking  of  indemnity 
to  the  individual  for  damages  sustained  by 
him  in  a  war,  as  declaring  the  general  rule 
governing  such  cases. 

Says  vattel,  in  treating  of  the  question 
whether  the  State  be  bound  to  indemnify 
individuals  for  the  damages  they  have  sus- 
tained in  war : 

"The  damages  are  of  two  kinds,  those 
done  by  the  State  itself,  or  the  sovereign, 
and  those  done  by  the  enemy.  Of  the  hrst 
kind,  some  are  done  deliberately,  and  by 
way  of  precaution,  as,  when  a  field,  a  house, 
a  garden ,  belonging  to  a  private  person ,  is 
taken  for  the  purpose  of  erecting  on  the  spot 
a  town  rampart,  or  any  other  piece  of  forti- 
fication; or  when  his  standing  corn  are  de- 
stroyed, to  prevent  their  being  of  use  to  the 
enemy.  Such  damages  are  to  be  made  good 
to  the  individual,  who  shall  bear  only  his 
quota  of  the  loss.  But  there  are  other 
damages,  caused  by  the  artillery,  in  retaking 
a  town  from  an  enemy.  These  are  merely 
accidents ;  they  are  misfortunes  which  chance 
deals  out  to  the  proprietors  on  whom  they 
happen  to  fall.  The  sovereign,  indeed1, 
ought  to  show  an  equitable  regard  for  the 
sufferers ,  if  the  situation  of  his  affairs  will 
admit  of  it,  but  no  action  lies  .against  the 
State  for  misfortunes  of  this  nature,  for 
losses  which  she  has  occasioned,  not  will- 
fully, but  through  necessity,  and  by  mere 


accident,  in  the  exertion  of  her  rights.  The 
same  may  be  said  of  damages  caused  by  the 
enemy.  All  the  subjects  are  exposed  to 
such  damages,  and  woe  to  him  on  whom 
they  fall.  The  members  of  a  society  may 
well  encounter  such  risk  of  property,  since 
they  encounter  a  similar  risk  of  life  itself. ' ' 
Modified  as  this  law  should  be  by  regard 
to  the  circumstances  of  modern  warfare,  the 
condition  of  things  prevailing,  especially  in 
civil  war,  the  character  of  the  country  and 
the  people,  the  committee  deem  all  such 
acts  as  they  have  spoken  of,  as  coming 
within  the  general  rule  of  acts  authoritatively 
done  by  the  State  in  the  exercise  of  her 
rights,  to  the  maintenance  of  her  existence 
as  a  sovereign  and  integral  nation .  And  the 
principle  asserted  by  the  committee  is 
thought  to  be  a  safe  one,  when  it  is  regarded 
that  war  hath  its  rules  of  action,  as  hath 
peace. 

The  committee  likewise  refer  to  the  fact 
that  the  action  recommended  by  them  in  this 
particular  finds  support  in  the  action  taken 
by  our  progenitors^  in  the  troublous  times 
existing  at  the  period  of  our  revolutionary 
history.  It  may  gratify  the  curiosity  as  well 
as  instruct  the  minds  of  legislators  at  the 
present  day,  to  reproduce,  from  the  musty 
folios  of  the  past,  the  work  of  legislation  on 
this  subject  as  performed  by  our  ancestors, 
and  particularly  by  the  then  good  people  of 
the  good  old  commonwealth  frequently  styled 
the  '  'Old  Dominion. ' ' 

On  a  very  cursory  examination,  the  com- 
mittee are  enabled  to  produce  the  following 
enactments  of  the  General  Assembly  of  Vir- 
ginia, and  doubt  not  that  a  more  extended 
examination  of  the  statutes  of  the  several 
States  composing  the  original  thirteen,  in 
their  revolutionary  existence,  will  afford  very 
numerous  instances  of  this  kind  and  measure 
of  legislation : 

"  An  act  for  indemnifying  the  Governor,  and 
Council,  and  others ,  for  removing  and  confin- 
ing susjiected  persons  during  the  late  public 
danger . 

Whereas,  On  the  late  appearance  of  a 
hostile  fleet  in  the  Bay  of  Chesapeake,  a 
large  body  of  militia  were  collected  and 
arrayed;  and  to  prevent  the  dangerous  con- 
sequences which  might  have  been  produced 
by  a  communication  of  intelligence  to  the 
enemy,  it  became  necessary  for  the  Governor 
and  Council,  for  the  public  safetv,  to  remove 
and  restrain,  during  the  imminence  of  the 
danger,  at  a  distance  from  the  posts  and 
encampments  of  the  said  militia,  and  from 
other  places  near  the  posts  and  harbors  of 
this  Commonwealth,  certain  persons  whose 
affections  to  the  American  cause  were  sus- 
pected, and  more  especially  such  as  had 
refused  to  give  assurance  "of  fidelity  and 
allegiance  to  the  Commonwealth,  according 
to  tne  act  of  the  Assembly  for  that  purpose 
made  and  provided ;  and  it  may  happen  that 
some  of  the  said  persons  so  removed  and 
restrained  may  be  disposed  to  vex  with 
actions  at  law  those  who  were  concerned  in 


101 


advising,  issuing  or  executing  the  orders  for 
that  purpose : 

L  ''Be  it  therefore  enacted  by  the  General 
Assembly,  That  the  Governor,  members  ot 
the  Council,  and  all  others  concerned  in 
advising,  issuing  or  executing  the  said 
orders  Tor  the  removal  or  restraint  of  snch 
persons,  stand  indemnified  and  clearly  exon- 
erated from  all  actions,  suits  and  damages 
on  account  thereof,  and  that  if  any  action  or 
suit  should  be  brought  by  or  on  behalf  of 
any  person  so  removed  or  restrained,  for  the 
recovery  of  damages  for  such  removal  or 
restraint,  against  any  person  or  persons  so 
indemnified,  the  defendant  or  defendants 
may  plead  the  general  issue,  and  give  this 
act  in  evidence  . ' '  —  Cap .  vi  of  acts  of  the 
General  Assembly  of  Virginia,  Anno.  1777. 

' ''  An  act  to  indemnify  certain  persons  in  sup- 
pressing a  conspiracy  against  this  State. 

"1.  Whereas,  Divers  evil  disposed  per- 
sons, in  the  year  one.  thousand  seven  hun- 
dred and  eighty,  formed  a  conspiracy,  and 
did  actually  attempt  to  levy  war  against  this 
commonwealth;  and  it  is  represented  to  the 
present  General  Assembly  that  William 
Preston,  Robert  Adams,  junior,  James  Cal- 
laway and  Charles  Lynch',  and  other  faithful 
citizens,  aided  by  detachments  of  volunteers 
from  different  parts  of  the  State,  did,  by 
timely  and  effectual  measures,  suppress  such 
conspiracy  :  and,  tvhereas,  the  measures 
taken  for  that  purpose  may  not  be  strictly 
warrauted  by  law,  although  justifiable  from 
the  imminence  of  the  danger : 

' k  II .  Be  it  therefore  enacted,  That  the  said 
William  Preston,  Robert  Adams,  junior, 
James  Callaway  and  Charles  Lynch,  and  all 
other  persons  whatsoever  concerned  in  sup- 
pressing the  said  conspiracy,  or  in  advising, 
issuing  or  executing  any  orders  or  measures 
taken  for  that  purpose,  stand  indemnified 
and  exonerated  of  and  from  all  pains,  penal- 
ties, prosecutions,  actions,  suits  and  damages 
on  account  thereof;  and  that  if  any  in- 
dictment, prosecution,  action  or  suit  shall 
be  laid  or  brought  against  them,  or  any  of 
them,  for  any  act  or  thing  done  therein,  the 
defendant  or  defendants  may  plead  in  bar,  or 
the  general  issue,  and  give  this  act  in  evi- 
dence. ' '  —  Gap.  xv  of  acts  o  f  the  General  As- 
sembly of  Virginia,  Anno.  1782. 

The  committee  report  the  following  ordi- 
nance. CLOVER,  for  the  Committee. 

AN  ORDINANCE  PROVIDING  FOR  THE  VACATING 
OP  CERTAIN  CIVIL  OFFICES  IN  THE  STATE, 
FILLING  THE  SAME  ANEW,  AND  PROTECTING 
THE  CITIZENS  FROM  INJURY  AND  HARASS- 
MENT. 

Be  it  ordained  by  the  People  of  the  State  of  Mis- 
souri, in  Convention  assembled,  as  follows  : 
Section  1 .  That  the  offices  of  the  judges  ot 
the  supreme  court,  circuit  courts,  county 
courts,  and  all  special  courts  of  record  in  the 
State,  and  of  the  clerks  of  all  said  courts, 
and  of  all  county  recorders,  and  of  circuit 
attorneys  and  their  assistants,  be  and  the 


same  are  hereby  vacated  on  the  day  of 

 ,  1865,  and  the  Governor  of  the  State 

is  hereby  empowered  and  directed  to  fill  all 
said  offices,  so  vacated,  by  his  appointment; 
and.  the  persons  so  by  him  appointed  to  till 
said  offices  respectively,  shall  hold  the  said 
offices  in  the  same  manner,  and  with  the 
same  authority,  and  to  the  same  extent,  as 
the  respective  incumbents  of  said  offices  at 
the  present  time  are  by  law  authorized  to  do; 
and  the  said  persons  when  so  appointed  shall 
hold  the  offices  to  which  they  may  be  ap- 
pointed for  the  term  and  period,  and  under 
the  same  conditions  and  qualifications,  as  the 
present  incumbents  of  said  offices  now  re- 
spectively hold  and  enjoy  the  same. 

Sec.  2.  No  court  or  officer  in  this  State 
shall  take  or  retain  cognizance  of  any  civil 
action,  or  criminal  proceeding  against  any 
person  for,  or  on  account  of,  any  act  by  him 
done,  performed  or  executed,  after  the  first 
day  of  January,  one  thousand  eight  hundred 
and  sixty-one,  by  virtue  of  military  authority 
vested  in  him  by  the  Government  of  the 
United  States,  or  that  of  this  State,  to  do 
such  act  ,  or  in  pursuance  of  orders  received 
by  him  or  them  from  any  person  vested  with 
such  authority,  and  if  any  action  or  proceed- 
ing be  brought  or  instituted  against  any 
person  for  the  doing  of  any  such  a#t,  the 
defendant  may  plead  in  bar  thereof,  and  give 
this  ordinance  in  evidence. 

On  motion  of  Mr.  Drake,  the  report  was 
received,  and  Mr.  Drake  moved  that  five 
hundred  copies  of  the  report  be  printed  in 
pamphlet  form ,  and  two  hundred  copies  of 
the  accompanying  ordinance  be  printed  in 
the  usual  form . 

Mr.  Bonham  moved  to  amend  by  inserting 
'•two  thousand"  copies  of  the  report,  in- 
stead of  "five  hundred,"  which  was  ac- 
cepted by  Mr.  Drake. 

The  motion,  as  amended,  was  agreed  to. 

Mr.  Hughes  moved  that  the  ordinance 
presented  by  Mr.  Clover  be  made  the  special 
order  of  the  day  for  Monday  next. 

Mr.  Strong  moved  that  it  be  made  the 
special  order  for  Wednesday  next  . 

The  question  being  upon  the  longest  time 
(Monday),  Mr.  Husmann  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes— Messrs.  Bedford,  Clover,  Cowden, 
Davis  of  Nodawav,  Drake,  Esther,  Filley, 
Folmsbee,  Gilbert  of  Platte,  Harris.  Hughes, 
Hume,  King,  Leonard,  Linton,  Mack, 
Mitchell,  Rankin,  Smith  of  Mercer,  Switzler, 
Williams  of  Scotland,  and  Mr.  President 
—22. 

JSToes — Messrs.  Bonham,  Bush,  Childress, 
Dodson,  D'Oench,  Fletcher,  Foster.  Gam- 
ble, Gilbert  of  Lawrence,  Green,  Hender- 
son, Holdsworth,  Holland,  Husmann,  Mc- 
Kernan,    McPherson,    Morton,  Newgent, 


102 


Nixdorf,  Rohrer,  St.  Gem,  Smith  of  Worth, 
Strong  Sutton,  Swearingen,  Weatherhy,  and 
Williams  of  Caldwell— 27. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Fulkerson,  Grammer,  Martin,  Owens,  Peck, 
and  Thilenius — 11. 

Absent  without  Leave — Messrs.  Budd, 
Evans,  Gilstrap,  and  Holcomb — 1. 

Sick— Mr.  Meyer— 1. 

So  the  motion  was  rejected. 

Mr.  Strong's  motion,  that  the  ordinance 
he  made  the  special  order  for  Wednesday 
next,  was  then  adopted. 

Mr.  Mack,  Chairman  of  the  Committee 


on  Internal  Improvements,  presented  the  fol- 
lowing report  on  the  memorial  to  Congress 
of  the  United  States,  asking  the  construc- 
tion of  the  Southwest  Branch  of  the  Pacific 
railroad,  as  a  military  necessity: 

Your  committee  beg  leave  to  report  that 
they  have  had  said  memorial  under  consid- 
eration ,  and  recommend  the  adoption  of  the 
same  by  this  Convention. 

On  motion  of  Mr.  Bonham,  the  report  wTas 
received  and  adopted. 

On  motion  of  Mr.  Green,  the  Convention 
adjourned  until  half-past  9  o'clock  to-mor- 
row morning. 


THIRTY-EIGHTH  I3A_Y. 


♦ 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Dr.  Nelson. 

Mr.  Williams  of  Caldwell,  chairman  of 
the  special  committee  appointed  yesterday, 
on  the  proposition  to  remove  the  sitting  of 
the  Convention  to  Jefferson  City,  made  the 
following  report : 

The  committee  to  whom  was  referred  the 
resolution  on  adjourning  to  Jefferson  City, 
and  the  amendment  moving  a  recess  of  thirty 
days ,  report  that  they  have  had  the  matter 
under  consideration,  and  a  majority  of  said 
committee  respectfully  report  adversely  to  the 
resolution  and  the  "amendment,  believing 
that  the  interest  of  the  people  of  this  State, 
and  the  objects  for  which  this  Convention 
was  called,  will  be  best  attained  by  remain- 
ing in  steady  session  at  our  present  place 
of  meeting. 

All  of  which  is  respectfully  submitted. 

Mr.  Bonham  offered  the  following  resolu- 
tion : 

Resolved,  That  Mr.  St.  Gem  be  expelled 
from  this  Convention,  for  inciting  persons 
to  enter  the  hall  of  this  Convention,  and, 
Cromwell-like,  dissolve  this  Convention. 

Mr.  Rohrer  moved  to  lay  Mr.  Bonham 's 
resolution  on  the  table. 

On  which  motion,  Mr.  Drake  demanded 
the  ayes  and  noes. 

Mr.  Rohrer  withdrew,  temporarily,  his 
motion  to  lay  Mr.  Bonham 's  resolution  on 
the  table. 


TUESDAY,  February  21st,  1865. 

After  debate,  Mr.  Rohrer  renewed  his 
motion  to  lay  on  the  table. 

On  the  motion  to  lay  the  resolution  on  the 
table,  the  ayes  and  noes  were  demanded, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bedford,  Bush,  Cowden, 
Dodson,  D'Oench,  Evans,  Fletcher,  Foster, 
Gilstrap,  Green,  Henderson,  Holcomb, 
Hughes.  Husmann,  King,  Linton,  McKer- 
nan,  McPherson,  Morton,  Newgent,  Nix- 
dorf, Rohrer,  Switzler,  and  Williams  of 
Caldwell— 24. 

Noes — Messrs.  Bonham,  Budd,  Childress, 
Clover,  Davis  of  Nodaway,  Drake,  Esther, 
Filley,  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Harris,  Holdsworth,  Hol- 
land, Hume,  Mack,  Mitchell,  Peck,  Rankin, 
Smith  of  Worth,  Strong,  Sutton,  Swearin- 
gen, Weatherby,  and  Mr.  President — 26. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Gilbert  of  Platte,  Grammer,  Martin,  Owens, 
and  Thilenius— 10. 

Absent  without  Leave — Messrs.  Leon- 
ard, Smith  of  Mercer,  and  Williams  of  Scot- 
land— 3. 

Excused  prom  Voting — Mr.  St.  Gem — 1. 
Sick — Mr.  Meyer — 1. 

So  the  resolution  was  not  laid  on  the  table. 

Mr.  Bush  moved  to  refer  the  resolution  to 
the  Committee  of  the  Whole . 

Pending  winch,  Mr.  Drake  offered  the 
following  as  a  substitute  for  Mr.  Bonham 's 
resolution,  which  was  accepted  by  Mr.  Bon- 
ham: 


103 


Whereas.  In  a  report  contained  in  the 
Daily  Missouri  Democrat  of  the  20th  inst., 
there  appeared  what  purports  to  be  an  ac- 
count of  a  public  meeting  held  at  Turner 
Hall,  in  the  city  of  St.  Louis,  on  the  ISth 
inst.,  in  which  account  there  is  what  pur- 
ports to  be  a  report  of  a  part  of  a  speech 
made  by  Gustavus  St.  Gem,  a  member  of 
this  body,  in  the  following  words:  "I  do 
not  believe  that  they  (the  Convention)  will 
dare  to  refuse  to  submit  that  Constitution, 
or  at  least  those  portions  thereof  that  were 
jnot  discussed  before  the  people  at  the  recent 
general  election — they  will  not  refuse  to 
submit  those  portions  to  the  voice  of  the 
people:  but  it  the  whole  Constitution  should 
3e  'submitted  in  such  an  obnoxious  form, 
:hey  may  cause  the  whole  thing  to  be  de- 
feated, and  defeat  the  measures  that  the 
people  of  Missouri  cheerfully  voted  for  at 
the  recent  election — the  emancipation  of  the 
slaves,  and  the  disfranchisement  of  traitors 
and  their  sympathizers.  Therefore,  1  do 
rejoice  to  see  that  your  demonstration  is  so 
vigorous  here  to-night,  and  I  am  informed 
!  that  your  petition  is  of  such  a  magnitude 
that  you  can  walk  up  to  the  hall  of  that 
{Convention  like  the  barons  of  old,  and  force 
.upon  that  Convention  to  submit  to  proper 
measures",  as  those  barons  did  upon  King 
John  of  England.  And  if  they  don't  do  it,  I 
hope  that  there  will  be  a  spirit  that  will  have  the 
force  of  a  Cromwell,  and  walk  up  in  those  halls 
and,  dissolve  that  long  Parliament and,  whereas, 
the  said  G-ustavus  Sr.  Gem  has.  on  the  floor 
of  this  Convention,  admitted  that  he  did,  on 
that  occasion,  use  the  words  aforesaid: 

Resolved.  That  the  said  Gustavus  St.  Gem, 
for  the  use  of  said  words  at  said  meeting, 
'deserves  the  censure  of  this  body. 

,  Mr.  Clover  moved  that  the  resolution  be 
referred  to  a  select  committee  of  five. 

Mr.  Foster  offered  the  following  as  a 
substitute  for  the  preamble  and  resolution  of 
Mr.  Drake: 

Resolved.  That  the  explanation  of  Mr.  St. 
Gem  —  to  the  effect  that  he  used  the  words 
••in  a  Cromwell-like  manner,''  and  other 
words  of  like  character,  at  the  meeting  in 
Turner  Hall  on  Saturday  night  last,  as  ex- 
pressive of  moral  force — be  accepted  as 
satisfactory  by  this  Convention. 

Mr.  Holland  demanded  the  previous 
question:  on  which,  Mr.  Drake  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes— Messrs.  Bedford,  Bonham,  Budd, 
Bush,  Childress,  Clover.  Cowden.  Davis  of 
Nodaway,  Dodson,  D'Oench,  Drake.  Es- 
ther, Evans.  Filley,  Fletcher.  Folmsbee, 
Foster,  Fulkerson.  Gamble.  Gilbert  of  Law- 
rence, Gilstrap,  Green,  Harris,  Henderson. 
Holcomb,  Holdsworth.  Holland.  Hughes, 
Hume.  Husniann.  King,  Linton,  MeKer- 
nan,  McPherson.  Mack.  Mitchell.  Morton, 
Newgent,  Xixdorf,  Peck.  Rankin,  Roarer, 


Smith  of  Worth.  Strong.  Sutton.  Swearin- 
gen,  Switzler,  Weatherby,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent— 51. 
Noes — None. 

Absent  with  Leave— Messrs.  Adams, 
Barr,  Bunco,  Davis  of  New  Madrid.  Ellis, 
Gilbert  of  Platte.  Grammer,  Martin,  Owens, 
and  Thilenius — 10 . 

Absent  without  Leave — Messrs.  Leon- 
ard and  Smith  of  Mercer — 2. 

Sick — Mr .  Meyer — 1 . 

Excused  from  Voting — Mr.  St  Gem— 1. 

So  the  previous  question  was  sustained. 

The  question  then  being  on  Mr.  Clover's 
motion  to  refer  the  resolution  of  censure  to 
a  select  committee  of  five,  Mr.  Drake  de- 
manded the  ayes  and  noes  thereon,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Budd.  Childress.  Clover. 
Cowden.  Davis  of  Xodaway,  Dodson.  Evans, 
Filley,  Fletcher.  Folmsbee^  Fulkerson.  Gam- 
ble, Gilbert  of  Lawrence,  Gilstrap.  Green,- 
Harris.  Henderson.  Holdsworth.  Holland, 
Hughes,  Hume.  King.  McPherson.  Mack, 
Mitchell,  Morton.  Xewgent.  Peck,  Rankin, 
Smith  of  Worth,  Strong,  Swearingen,  Weath- 
erby, Williams  of  Caldwell,  and  Mr.  Presi- 
dent— 35. 

Xoes— Messrs.  Bedford,  Bonham,  Bush. 
D'Oench.  Drake.  Esther.  Foster.  Holcomb, 
Husmann,  Linton.  McKernan,  Xixdorf, 
Eohrer,  Switzler.  and  Williams  of  Scotland 
—9. 

Absent  with  Leave — Messrs.  Adams, 
Barr.  Bunce.  Davis  of  New  Madrid,  Ellis. 
Grammer,  Martin.  Owens,  and  Thilenius 
—9. 

Absent  without  Leave — Messsrs.  Leon- 
ard, Smith  of  Mercer,  and  Sutton — 3. 
Excused— Mr.  St.  Gem— 1. 
Sick— Mr.  Meyer— 1. 

So  the  motion  to  refer  the  resolution  to  a 
select  committee  was  adopted. 

The  President  appointed  the  following 
gentlemen  as  such  committee  :  Messrs. 
Clover.  Williams  of  Caldwell,  Xewgent, 
Foster,  and  Linton. 

Mr.  Budd.  Chairman  of  the  Engrossing 
Committee,  reported  that  the  article  on  the 
Declaration  of  Eights  had  been  truly  en- 
grossed, and  submitted  the  same. 

Mr.  Williams  of  Caldwell  presented  a 
protest  and  resolutions  from  citizens  of 
St.  Louis,  upon  the  action  of  the  Conven- 
tion, relative  to  the  entire  revision  of  the 
Constitution,  which  was  received,  read  for 
information,  and  laid  upon  the  table. 

On  motion  of  Mr.  Bedford,  the  Con- 
vention adjourned  until  half-past  2  o'clock 
P.  31. 


104 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Williams  of  Caldwell  asked  leave  of 
absence  for  one  week,  in  consequence  of 
sickness  in  his  family.    Leave  was  granted. 

Mr.  Folmsbee  moved  to  suspend  the  rules 
in  order  to  take  up  the  protest  which  was  pre- 
sented this  morning  by  citizens  of  St.  Louis. 

Mr.  Bonham  demanded  the  ayes  and  noes 
thereon;  which  being  taken,  the  vote  stood 
as  follows : 

Ayes— Messrs.  Bonham,  Childress,  Cow- 
den,  Davis  of  Nodaway,  Dodson,  Drake, 
Evans,  Folmsbee,  Gilbert  of  Lawrence^ 
Henderson,  Holdsworth,  Plume.  Linton, 
McPherson,  Mack,  Mitchell,  Peck,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Weatherby,  and  Williams  of  Scotland— 23. 

Noes— Messrs.  Bedford,  Clover,  D'Oench, 
Esther,  Foster,  Fulkerson,  Gamble,  Gil- 
strap,  Green,  Holeomb ,  Holland,  Husmann, 
Kino-,  McKernan,  Morton,  Newgent,  Nix- 
dorf,  Rankin,  St.  Gem,  Swearingen,  Switz- 
ler,  Williams  of  Caldwell,  and  Mr.  Presi- 
dent—23. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Gilbert  of  Platte,  Grammer,  Harris,  Mar- 
tin, Owens,  and  Thilenius — 11. 

Absent  without  Leave — Messrs.  Budd, 
Bush,  Filley,  Fletcher,  Hughes,  Leonard, 
and  Rohrer — 7 . 

Sick — Mr.  Meyer — 1. 

So  the  motion  to  suspend  was  rejected. 

On  motion  of  Mr.  Drake,  the  article  on 
Declaration  of  Rights,  as  reported  back 
from  the  Engrossing  Committee,  was  taken 
up  and  put  upon  its  third  reading. 

Mr.  Gilstrap  offered  the  following  amend- 
ment : 

Amend  by  striking  out  the  third  section. 

On  which  Mr.  Gilstrap  demanded  the 
ayes  and  noes. 

Mr.  Bush  offered  the  following  as  a  substi- 
tute for  the  Declaration  of  Rights,  reported 
by  the  Engrossing  Committee,  and  moved 
that  it  be  made  the  special  order  for  next 
Monday : 

ARTICLE  — . 

Declaration  of  Rights. 
(  The  amendments  are  printed  in  Italics.  ) 

That  the  general,  great,  and  essential 
principles  of  liberty  and  free  government 
may  be  recognized  and  established,  we 
declare : 

Section  1.  That  all  political  power  is 
vested  in,  and  derived  from,  the  people. 
Sec.  2.  That  the  people  of  this  State  have 


the  inherent,  sole,  and  exclusive  right  of 
regulating  the  internal  government  and 
police  thereof;  and  of  altering  and  abolish- 
ing their  constitution  and  form  of  govern- 
ment whenever  it  may  be  necessary  to  their 
safety  and  happiness. 

Sec.  3.  That  this  State  shall  ever  remain  a 
member  of  the  American  Union,  and  that  the 
people  thereof  are  a  part  of  the  people  of  the 
United  States  ;  that  all  attempts  to  dissolve  said 
Union  ought  to  be  resisted  with  the  whole  power 
of  the  State ;  that  every  citizen  owes  paramount 
allegiance  to  the  constitution  and,  government  of 
the  United  States ;  that  no  law  or  ordinance  in 
contravention  or  subversion  thereof  can  have  any 
binding  force. 

Sec.  4.  That  the  people  have  the  right 
peaceably  to  assemble  for  their  common 
good,  and  to  apply  to  those  vested  with  the 
powers  of  government  for  redress  of  griev- 
ances, by  petition  or  remonstrance;  and  that 
their  right  to  bear  arms  in  defense  of  them- 
selves and  of  the  State  can  not  be  questioned. 

Sec.  5.  That  all  men  have  a  natural  and 
indefeasible  right  to  worship  Almighty  God 
according  to  the  dictates  of  their  own  con- 
sciences; that  no  man  can  be  compelled  to 
erect,  support,  or  attend  any  place  of  wor- 
ship, or  to  maintain  any  minister  of  the 
gospel  or  teacher  of  religion;  but  whatever 
contracts  any  person  may  enter  into  for  any  such 
object  ought,  in  law,  to  be  binding  and  capable  oj 
enforcement,  as  other  contracts;  that  no  human 
authority  can  control  or  interfere  with  the 
rights  of  conscience;  that  no  person  can 
ever  be  hurt,  molested,  or  restrained  in  his 
religious  profession,  or  sentiments,  if  he 
do  not  disturb  others  in  their  religious 
worship. 

Sec.  6.  That  no  person,  on  account  of 
his  religious  opinions,  can  be  rendered  ineli- 
gible to  any  office  of  trust  or  profit  under 
this  State,  nor  be  disqualified  from  testifying 
or  serving  as  a  juror ;  that  no  preference  can 
ever  be  given,  bylaw,  to  any  sect  or  mode 
of  worship;  and  that  no  religious  corpora- 
tion can  ever  be  established  in  this  State;  but 
provision  may  be  made  by  general  laws  for  the 
incorporation  of  religious  societies,  so  as  to  ena- 
ble them,  through  trustees  of  their  own  choosing, 
to  acquire,  hold  or  transfer  such  property,  as 
may  be  required  for  church  buildings,  parsonages 
or  burial  grounds,  and  for  no  other  purpose. 

Sec  .  7 .  That  all  elections  shall  be~free  and 
equal . 

Sec.  8.  That  courts  of  justice  ought  to  be 
open  to  every  person,  and  certain"  remedy 
afforded  for  every  injury  to  person,  property, 
or  character;  and  that  right  and  justice 
ought  to  be  administered  without  sale, 
denial,  or  delay;  and  that  no  private  pro- 
perty ought  to  be  taken  or  applied  to  public 
use  without  just  compensation. 

Sec.  9.  That  the  right  of  trial  by  jury 
shall  remain  inviolate . 

Sec  .  10 .  That  in  all  criminal  prosecutions, 
the  accused  has  the  right  to  be  heard  by 
himself  and  his  counsel;  to  demand  the 
nature  and  cause  of  accusations;  to  have 
compulsory  process  for  witnesses  in  his 


105 


favor;  to  meet  the  witnesses  against  Mm 
face  to  face;  and,  in  prosecutions  on  pre- 
sentment or  indictment,  to  a  speedy  trial  by 
an  impartial  jury  of  tlie  vicinage;  that  the 
accused  can  not  be  compelled  to  give  evidence 
against  himself;  nor  be  deprived  of  life, 
liberty,  or  property,  but  by  the  judgment 
of  his  peers,  or  the  law  of  the  land. 

Sec  .  11 .  That  n o  person ,  after  havi ng  been 
once  acquitted  by  a  jury,  can,  for  the  same 
offense,  be  again  put  in  jeopardy  of  life  or 
liberty;  but  if  in  any  criminal  prosecution 
the  jury  be  divided 'in  opinion,  the  court 
before  which  the  trial  shall  be  had  may,  in 
its  discretion,  discharge  the  jury,  and  com- 
mit or  bail  the  accused  for  trial  at  the  next 
term  of  such  court. 

Sec.  12.  That  all  persons  shall  be  bailable 
by  sufficient  sureties,  except  for  capital 
offenses,  when  the  proof  is  evident  or  the 
presumption  great ;  and  the  privilege  of  the 
writ  of  habeas  corpus  can  not  be  suspended, 
unless  when,  in  cases  of  rebellion  or  invasion, 
the  public  safety  may  require  it  . 

Sec.  13.  That  excessive  bail  shall  not  be 
required,  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

Sec.  14.  That  there  can  not  be  in  this  State 
either  slavery  or  involuntary  servitude,  except  in 
punishment  of  crime,  whereof  the  party  shall 
Iiave  been  duly  convicted. 

Sec,  15.  That  no  person  can*  on  account  of 
color*  be  disqualified  as  a  witness*  or  be  sub- 
jected, in  law,  to  any  other  restraints  or  dis- 
qualifications in  regard  to  any  personal  rights, 
than  such  as  are  laid  upon  others  under  like  cir- 
cumstances . 

Sec.  16.  That  the  people  ought  to  be 
secure  in  their  persons,  papers,  houses,  and 
effects,  from  unreasonable  searches  and 
seizures;  and  no  warrant  to  search  any  place, 
or  to  seize  any  person  or  thing,  can  issue 
without  describing  the  place  to  be  searched, 
or  the  person  or  thing  to  be  seized,  as  nearly 
as  may  be,  nor  without  probable  cause,  sup- 
ported by  oath  or  affirmation. 

Sec.  17.  That  no  person  can,  for  an  in- 
dictable offense,  be  proceeded  against  crimi- 
nally, by  information,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia 
when  in  actual  service,  in  time  of  wTar  or 
public  danger,  or  by  leave  of  the  court,  for 
oppression  or  misdemeanor  in  office . 

Sec.  18.  That  treason  against  the  State 
can  consist  only  in  levying*  war  against  it, 
or  in  adhering  to  its  enemies,  giving  them 
aid  or  comfort:  that  no  person  can  be  con- 
victed of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on 
his  own  confession  in  open  court;  that  no 
person  can  be  attainted  of  treason  or  felony 
by  the  General  Assembly ;  that  no  conviction 
can  work  corruption  of  blood;  that  there  can 
be  no  forfeiture  of  estate  for  any  crime,  except 
treason;  that  the  estates  of  such  persons  as 
may  destroy  their  own  lives  shall  descend  or 
vest  as  in  cases  of  natural  death;  and  when 
any  person  shall  be  killed  by  casualty,  there 
ought  to  be  no  forfeiture  by  reason  thereof. 


Sec  19.  That  the  free  communication  of 
thoughts  and  opinions  is  one  of  the  invalua- 
ble rights  of  man,  and  that  every  person 
may  freely  speak,  write,  and  print  on  any 
subject,  being  responsible  for  the  abuse  of 
that  liberty;  that  in  all  prosecutions  for 
libels,  the  truth  thereof  may  be  given  in 
evidence,  and  the  jury  may  'determine  the 
law  and  the  facts,  under  the  direction  of  the 
court . 

Sec.  20.  That  no  ex  post  facto  law.  nor 
law  impairing  the  obligation  of  contracts,  or 
retrospective  in  its  operations,  can  be  passed: 
nor  can  the  person  of  a  debtor  be  imprisoned 
for  debt,  except  for  fines  or  penalties  imposed 
for  violation  of  law. 

Sec  21.  That  all  property,  subject  to 
taxation  in  this  State,  shall  be  taxed 'in  pro- 
portion to  its  value. 

Sec.  22.  That  no  title  of  nobility,  heredi- 
tary emolument,  privilege,  or  distinction, 
shall  be  granted. 

Sec  23.  That  emigration  from  this  State 
can  not  be  prohibited . 

Sec  24.  That  the  military  is,  and  in  all 
cases  and  at  all  times,  shall  be,  in  strict 
subordination  to  the  civil  power;  that  no 
soldier  can,  in  time  of  peace,  be  quartered 
in  any  house,  without  the  consent  of  the 
owner,  nor  in  time  of  war  but  in  such 
manner  as  may  be  prescribed  by  law;  nor 
can  any  appropriation  for  the  support  of  any 
army  be  made  for  a  longer  period  than  two 
years. 

Mr.  Drake  moved  that  the  substitute 
offered  by  Mr.  Bush  be  laid  on  the  table,  and 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Childress,  Cow- 
den,  Davis  of  Nodaway,  Drake,  Esther, 
Evans.  Filley,  Folmsbee,  Fulkerson,  Gam- 
ble, Henderson,  Holdsworth,  Hume,  King, 
McKernan,  McPherson,  Mack,  Mitchell, 
Xewgent,  Peck,  Rankin,  Smith  of  Mercer, 
Smith  of  Worth,  Strong.  Sutton,  Swearin- 
gen,  Weatherbv,  and  \Villiams  of  Scotland. 
—29. 

Noes— Messrs.  Bedford,  Bush,  Dodson, 
D'Oench,  Foster,  Gilbert  of  Lawrence,  Gil- 
strap,  Green,  Harris,  Holcomb,  Holland, 
Husmann,  Linton ,  Morton .  Xixdorf ,  Rohrer, 
St.  Gem,  and  Mr.  President— 18. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Davis  of  Xew  Madrid,  Ellis, 
Gilbert  of  Platte,  Grammer,  Martin,  Owens, 
Thilenius,  and  Williams  of  Caldwell— 11. 

Absent  without  Leave — Messrs.  Budd, 
Clover,  Fletcher,  Hughes,  Leonard,  and 
Switzler — 6. 

Sick— 3Ir.  Meyer— 1. 

So  the  motion  to  lay  the  substitute  on  the 
table  was  adopted. 

Mr.  Folmsbee  moved  to  reconsider  the 
vote  by  which  the  substitute  offered  by  Mr. 
Bush  for  the  article  on  the  Declaration  oi 
Rights  was  laid  on  the  table,  and  also 


106 


moved  to  lay  that  motion  on  the  table,  which 
latter  motion  was  agreed  to . 

The  question  then  being*  on  the  adoption 
of  the  amendment  proposed  by  Mr.  Gil- 
strap,  and  the  ayes  and  noes  having  been 
demanded,  and  being  taken,  the  vote  stood 
as  follows  : 

Ayes— Messrs.  Bedford,  Childress,  Cow- 
den,  Dodson,  Esther,  Gamble,  Gilstrap, 
Harris,  Mack,  Morton,  and  Sutton — 11. 

Noes — Messrs.  Bonham,  Bush,  Davis  of 
Nodaway,  D'Oench,  Drake,  Evans,  Filley, 
Folmsbee,  Foster,  Fulkerson,  Gilbert  of 
Lawrence,  Green,  Henderson,  Holcomb, 
Holds  worth,  Holland,  Hume,  Husmann, 
King,  Linton,  McKernan,  McPherson, 
Mitchell,  Newgent,  Nixdorf,  Peck,  Rankin, 
Eohrer,  St.  Gem,  Smith  of  Mercer,  Smith 
of  Worth,  Strong,  Swearingen,  Weatherby, 
Williams  of  Scotland,  and  Mr.  President 
—36. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Gilbert  of  Platte ,  Grammer,  Martin,  Owens, 
Thilenius,  and  Williams  of  Caldwell — 11. 

Absent  without  Leave — Messrs.  Budd, 
Clover,  Fletcher,  Hughes,  Leonard,  and 
Switzler — 6 . 

Sick— Mr.  Meyer— 1. 

So  the  amendment  was  rejected. 

Mr.  Gilstrap  offered  the  following  amend- 
ment : 

Amend  the  bill  of  rights  by  striking  out 
of  section  first  the  words  "'equally  free," 
and  insert  the  words  '  'tree  and  equal. ' ' 

Pending  which,  Mr.  Linton  moved,  as  a 
substitute  for  the  amendment  offered  by  Mr. 
Gilstrap,  the  following : 

Strike  out  the  words  "equally  free,  and 
are. ' ' 

The  question  being  on  the  substitute  offered 
by  Mr.  Linton  to  the  amendment  of  Mr.  Gil- 
strap, Mr.  Gilstrap  demanded  the  ayes  and 
noes,  and  the  vote  being  taken,  stood  as  fol- 
lows : 

Ayes— Messrs.  Bush,  Childress,  Cowden, 
Dodson,  D'Oench,  Esther,  Filley,  Foster, 
Gamble,  Gilstrap,  Green,  Harris.  Henderson, 
Holcomb.  Holland,  Husmann,  King,  Linton, 
McKernan,  Mack,  Morton,  Newgent,  Mx- 
dorf, Rankin,  Eohrer,  St.  Gem,"  Smith  of 
Worth,  Strong,  Swearingen,  and  Mr.  Presi- 
dent—30. 

Noes — Messrs.  Bonham,  Davis  of  Noda- 
way, Drake,  Evans,  Fletcher.  Folmsbee, 
Fulkerson,  Gilbert  of  Lawrence,  Holdsworth, 
Hume,  McPherson,  Mitchell,  Peck,  Smith  of 
Mercer,  Sutton,  and  Williams  of  Scotland 
—16. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 


Gilbert  of  Platte,  Grammer,  Martin,  Owens, 
Thilenius,  and  Williams  of  Caldwell — 11 . 

Absent  without  Leave — Messrs.  Bed- 
ford, Budd,  Clover,  Hughes,  Leonard,  Switz- 
ler, and  Weatherby — 7 . 

Sick — Mr.  Meyer — 1. 

So  the  substitute  was  adopted. 

Mr.  St.  Gem  offered  the  following  amend- 
ment : 

Amend  section  ninth  by  striking  out  all 
after  the  word  "profession,"  in  the  sixth 
line. 

Mi-.  Holland  moved  to  lay  the  amend- 
ment upon  the  table;  on  which  motion 
Mr.  St.  Gem  demanded  the  ayes  and  noes, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Childress,  Cow- 
den, Davis  of  Nodaway,  Dodson,  Drake, 
Esther,  Filley,  Folmsbee,  Fulkerson,  Gam- 
ble, Henderson,  Holdsworth,  Holland,  Hume, 
King,  McPherson,  Mack,  Mitchell,  New- 
gent, Peck,  Rankin,  Smith  of  Mercer,  Smith 
of  Worth,  Strong,  Sutton,  Swearingen, 
Williams  of  Scotland,  and  Mr.  President — 29. 

Noes — Messrs.  Bush,  D'Oench,  Evans, 
Foster  ,  Gilbert  of  Lawrence,  Green,  Harris, 
Holcomb,  Husmann,  Linton,  McKernan, 
Morton,  Nixdorf,  Eohrer,  and  St.  Gem — 15. 

Absent  with  Leave. — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Gilbert  of  Platte,  Grammer,  Martin,  Owens, 
Thilenius,  and  Williams  of  Caldwell — 11. 

Absent  without  Leave — Messrs.  Bed- 
ford, Budd,  ClOver,  Fletcher,  Gilstrap, 
Hughes,  Leonard,  Switzler,  and  Weath- 
erby— 9 . 

Sick— Mr.  Meyer— 1. 

So  the  motion  to  lay  on  the  table  was 
agreed  to. 

Mr.  St.  Gem  offered  the  following  amend- 
ment : 

4  'Strike  out  sections  twelve  and  thirteen." 
Which  was  ruled  out  of  order  by  the  Presi- 
dent. 

Mr.  St.  Gem  moved  to  adjourn,  which 
was  rejected. 

Mr.  Bonham  moved  that  the  article  on 
Declaration  of  Eights  be  adopted ,  on  which 
motion  Mr.  Gilstrap  demanded  the  ayes 
and  noes,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Bonham,  Childress,  Cow- 
den, Davis  of  Nodaway,  Dodson,  Drake, 
Esther,  Filley,  Folmsbee.  Fulkerson,  Gam- 
ble, Gilbert  of  Lawrence,  Gilstrap,  Hender- 
son, Holdsworth,  Plume,  King,  McPherson, 
Mack,  Mitchell,  Newgent,  Peck,  Rankin, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  and  Williams  of  Scot- 
land—28. 

Noes — Messrs.  Bush,  D'Oench,  Evans, 
Foster,  Harris,  Holcomb,  Holland,  Hus- 


107 


maim.  Linton,  McKernari,  Morton.  NixdOrfj 
Eohrer,  St.  Gem.  and  Mr.  President — 15. 

Absent  with  Leave — Messrs.  Adams, 
Barr.  Bunee,  Davis  of  New  Madrid.  Ellis, 
Gilbert  of  Platte,  G  rammer.  Martin. 
Owens,  Thilenins.  and  Williams  of  Caldwell 
—11. 

Absent  without  Leave — Messrs.  Bed-  I 


I  ford,  Bncld,  Clover.  Fletcher,  Green,  Hughes, 
Leonard,  Switzler.  and  Weatherby — 9." 
Sick — Mr.  Meyer— 1. 

So  the  article  on  Declaration  of  Rights  was 
adopted. 

On  motion  of  Mr.  Davis  of  Xodaway, 
the  Convention  adjourned  until  half-past  9 
o'clock  to-morrow  morning. 


THIRTY-NINTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr .  McKim . 

On  motion  of  Mr.  Strong,  leave  was 
I' granted  to  Mr.  Clover  to  record  his  vote  on 
;  the  Declaration  of  Eights.  Mr.  Clover 
!  voted  !  ;aye." 

On  motion  of  Mr.  Budd.  Mr.  Switzler 
|  was  permitted  to  record  his  vote  on  the  same 
j  question.    Mr.  Switzler  voted  "no." 

On  motion  of  Mr.  St.  Gem.  leave  was 
||  granted  Mr.  Hughes  to  record  his  vote  on 
the  same  question.  Mr.  Hughes  voted 
I  4iaye. ' ' 

Mr.  TTeathersy  was  also  permitted  to 
''  record  his  vote  on  the  same  question.  He 
voted  ' '  aye . ' ' 

Mr.  McKernan  asked  leave  of  absence  for 
Mr.   Nixdorf  for   one  week,   which  was 
I  granted. 

On  motion  of  Mr.  Drake,  the  article  on 
Railroad  Indebtedness  was  read  the  first  and 
second  time,  by  its  title,  and  ordered  to  be 
J  referred  to  the  Committee  of  the  Whole . 

Mr.  Strong  called  up  the  regular  order  of 
I  the  day.  it  being  an  ordinance  providing  for 
(  the  vacating  of  certain  civil  offices  in  the 
State,  filling  the  same  anew,  and  protecting 
the  citizens  from  injury  and  harassment. 

Mr.  Switzler  moved  to  amend  the  first 
section  as  follows: 

Strike  out  all  between  the  word  •  -ap- 
pointed. "  in  the  sixth  line,  and  "shall," 
in  the  tenth  line.    Strikeout  "the,"  after 

*  'hold,"  in  the  tenth  line,  and  insert  '  -  said." 
Strike  out  after  •  -  offices. ' '  in  the  tenth  line, 
the  words  "to  which  they  may  be  ap- 
pointed," and  in  the  eleventh  line,  after 

•  'period, ' '  insert  '  •  with  same  authoritv. ' ' 


YvEDXESDAY.  February  22d,  1865. 

Mr.  Gilstrap  offered  the  following  as  a 
substitute  for  the  amendment  of  Mr.  Switz- 
ler: 

Amend  by  inserting  in  the  sixth  line,  after 
the  word  ''appointment,"  the  words  --for 
the  remainder  of  the  term  of  each  office, 
respectively,"  and  strike  out  all  after  that, 
in  section  first. 

Mr.  Strong  offered  the  following  amend- 
ment to  the  substitute  proposed  by  Mr.  Gil- 
strap  : 

Substitute  the  words  • '  until  the  next  gen- 
eral election.*"  for  the  words  '"for  the  re- 
mainder of  the  term  of  each  office,  respect- 
ively . ' ' 

On  motion  of  Mr.  Boxham.  the  Conven- 
tion adjourned  until  half-past  2  o '  clock  P .  M. 


AFTERXOOX  SESSTOX. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Hughes  offered  the  following  resolu- 
tion: 

Resolved.  That  no  member  of  this  Conven- 
tion will  accept  an  appointment  to  any  office 
which  may  be  vacated  by  any  ordinance  of 
tiiis  Convention,  except  where  he  is  the 
present  incumbent. 

Mr.  Filley  moved  to  lay  the  resolution  on 
the  table,  and  thereupon,  Mr.  Hughes  with- 
drew it. 

Mr.  Drake  moved  to  postpone,  until  the 
15th  day  of  March  next,  the  further  con- 
sideration of  the  ordinance  providing  for  the 
vacating  of  certain  civil  offices,  etc.,  and 
demanded  the  ayes  noes  thereon. 


108 


Mr.  Husmann  moved  to  lay  Mr.  Drake's 
motion  on  the  table,  which  motion  he  with- 
drew . 

After  debate,  Mr.  Gilstrap  renewed  the 
motion  to  lay  on  the  table,  and  demanded 
the  ayes  and  noes,  which  being- taken,  the 
vote  stood  as  follows : 

Ayes— Messrs.  Fletcher,  Foster,  Fulker- 
son,  Gilbert  of  Lawrence,  Gilstrap,  Hus- 
mann, Newgent,  St.  Gem,  Strong,  and 
Swearingen — 10. 

Noes — Messrs.  Bonham,  Budd,  Bush, 
Childress,  Clover,  Davis  of  Nodaway,  Dod- 
son.  Drake,  Filley,  Folmsbee.  Gamble, 
Green,  Harris,  Henderson,  Holcomb,  Holds- 
worth,  Holland,  Hughes,  Hume,  King, 
Linton,  McKernan,  McPherson,  Mack, 
Peck,  Rankin,  Rohrer,  Smith  of  Mercer, 
Smith  of  Worth,  Sutton,  Switzler,  Weath- 
erby,  and  Mr.  President— 33. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Gilbert  of  Platte,  Grammer,  Martin,  Nix  - 
dorf,  Owens,  Thilenius,  and  Williams  of 
Caldwell— 12. 

Absent  without  Leave — Messrs.  Bed- 
ford, D'Oench.  Evans,  Leonard,  Morton, 
and  Williams  of  Scotland— 6. 

Sick — Messrs.  Cowden,  Esther,  Meyer, 
and  Mitchell— 4. 

So  the  motion  to  lay  on  the  table  was  re- 
jected. 

Mr.  Bonham  moved  that  the  ordinance  be 
referred  to  a  special  committee,  consisting- 
of  one  member  from  each  congressional 
district. 

Pending  which,  it  being*  announced  that 


his  excellency  Governor  Fletcher  was  in 
the  hall,  the  President  appointed  Messrs. 
Drake  and  Weatherby  as  a  committee  to 
wait  upon  the  Governor  and  conduct  him  to 
a  seat  within  the  bar,  which  they  accordingly 
did. 

Mr.  Filley  moved  to  adjourn;  on  which 
motion  Mr.  Smith  ot  Worth  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Bedford,  Bonham,  Budd, 
Childress,  Davis  of  Nodaway,  Dodson, 
Drake,  Evans,  Filley,  Fletcher",  Folmsbee, 
Gamble,  Gilbert  of  Lawrence,  Harris, 
Henderson,  Holcomb,  Holdsworth,  Hume, 
King,  Leonard,  Linton,  McKernan,  Mc- 
Pherson, Mack,  Morton  Peck,  Rankin, 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Sutton, 
Switzler,  Weatherbv,  and  Williams  of  Scot- 
land—34. 

Noes — Messrs.  Bush,  Clover,  Foster,  Gil- 
strap, Green,  Holland,  Hughes,  Husmann, 
Newgent,  Smith  of  Worth,  Strong,  Swear- 
ingen,  and  Mr.  President — 13. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Gilbert  of  Platte,  Grammer,  Martin,  Nix- 
dorf,  Owens,  Thilenius,  and  Williams  of 
Caldwell— 12. 

Absent  without  Leave — Messrs.  DOench. 
and  Fulkerson — 2. 

Sick— Messrs.  Cowden,  Esther,  Meyer, 
and  Mitchell— 4. 

So  the  motion  to  adjourn  was  agreed  to, 
and  the  Convention  adjourned  until  half-past 
9  o'clock  to-morrow  morning'. 


fortieth:  d^y 


THURSDAY,  February  23d,  1865. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mi-.  Fenton. 

On  motion  of  Mi*.  Mack,  the  memorial 
heretofore  presented  on  the  subject  of  the 
Southwest  Branch  of  the  Pacific  Railroad 
was  ordered  to  be  signed  by  the  President 
and  Secretary  of  this  body,  and  forwarded 
to  the  President  of  the  United  States. 

On  motion  of  Mr.  Holland,  copies  of  said 
memorial  were  ordered  to  be  sent  to  the 
members  of  Congress  from  this  State,  repre- 
senting the  districts  in  which  said  road  is 
located. 


Mr.  Folmsbee  called  up  his  amendment  to 
the  ordinance  vacating  certain  offices,  which 
was  offered  yesterday,  and  withdrawn: 

Amend  section  first  by  inserting-,  after  the 
word  ' '  assistants, ' '  in  the  fourth  line,  the 
words  ' '  sheriffs ,  township  marshals  and 
notaries  public. ' ' 

Mr.  St.  Gem  offered  the  following-  amend- 
ment, which  was  read  for  information: 

Amend  section  second  by  striking-  out,  in 
the  third  line,  the  word  '  'after, ' '  and  insert 
in  lieu  thereof  the  word  '  'from;' '  and  add, 
after  the  word  "sixty-one,"  in  the  fourth 
line,  the  words  '  'to  the  first  daj^  of  January, 
one  thousand  eight  hundred  and  sixtv-five. ' ' 


109 


Mr.  Clover  offered  an  amendment  to  the 
[motion  of  Mr.  Boiiham.  referring  the  ordi- 
nance to  a  committee  of  one  from  each  con- 
gressional district,  "by  adding  thereto  as 
follows: 

With  instructions  to  report  forthwith  on  the 
propriety  of  a  measure,  and  in  what  form 
said  measure  should  be  enacted,  for  the  va- 
cating of  such  civil  offices  as  may,  in  their 
[opinion,  be  necessary  to  protect  the  loyal 
people  of  the  State,  and  to  harmonize  the 
[working  of  the  State  government;  and  like- 
|wise  to  protect  loyal  citizens  from  injury  and 
harassment  from  prosecutions  for  acts  done 
by  them  in  support  of  the  government  in  the 
Existing  rebellion. 

Mr.  Drake  renewed  his  motion  to  post- 
pone the  farther  consideration  of  the  ordi- 
nance until  the  15th  of  March  next,  and 
(demanded  the  ayes  and  noes  thereon,  which 
being  taken ,  the  vote  stood  as  follows : 

1  Ayes— Messrs.  Bonham,  Budd,  Childress, 
(Clover,  Davis  of  Nodaway,  Drake,  Esther, 
■Evans,  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Harris.  Holcomb,  Holds- 
Kvorth,  Hughes,  Hume,  King.  Linton,  Mc- 
Kernan,  McPherson,  Mack,  Morton.  Peck, 
Rankin.  Sutton,  Switzler,  Williams  of  Scot- 
land, and  Mr.  President — 29. 
j  Noes — Messrs.  Bedford,  Bush,  Davis  of 
[New  Madrid,  Dodson,  D'Oench,  Fletcher, 
poster,  Gilstrap,  Green,  Holland,  Husmann, 
Leonard,  Newgent,  Rohrer,  St.  Gem,  Smith 
!of  Worth,  Strong,  Swearingen,  Weath- 
ferby— 19. 

I  Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Ellis.  Gilbert  of  Platte,  Gram- 
pier,  Martin,  Nixdorf,  Owens,  Thilenius, 
and  Williams  of  Caldwell — 11. 
|  Absent  without  Leave — Messrs.  Filley, 
Henderson,  and  Smith  of  Mercer — 3. 
'  Sick — Messrs.  Cowden,  Meyer,  and  Mitch- 
ell—3. 

So  the  motion  to  postpone  was  agreed  to. 

Mr.  Bush  asked  leave  of  absence  for  him- 
self this  afternoon.    Leave  was  granted. 

Mr.  St.  Gem  asked  leave  of  absence  for 
Mr.  Fletcher  for  this  afternoon,  which  was 
granted. 

On  motion  of  Mr.  Bedford,  the  Conven- 
tion adjourned  until  half-past  2  o  ■  clock  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
[the  President  in  the  chair. 

Mr.  Gamble  presented  a  petition,  which 
was  read,  from  citizens  of  the  counties  of 


Audrain,  Pike,  Montgomery  and  Lincoln, 
praying  for  the  erection  of  a  new  county  out 
of  territory  embraced  therein,  to  be  called 
the  county  of  Fletcher,  and  asked  to  have 
the  same  referred  to  the  Committee  on  Mis- 
cellaneous Business.  It  was  ordered  to  be 
so  referred. 

Mr.  Smith  of  Worth  offered  the  following 
resolution: 

Resolved,  That  when  this  Convention  ad- 
journs this  day  it  will  adjourn  to  meet  at  the 
Representatives  hall  in  Jefferson  City,  on 
the  15th  day  of  March,  1805,  at  10  o'clock 
A.  M. 

Mr.  Bonham  moved  to 'lay  the  resolution 
on  the  table,  and  demanded  the  ayes  and 
noes  thereon,  which  being  taken,  the  vote 
stood  as  follows : 

Ayes— Messrs.  Bonham,  Budd,  Childress, 
Davis  of  Nodaway,  Dodson,  Drake,  Esther, 
Evans.  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Henderson,  Holds  worth, 
Hume,  King.  Leonard,  Linton,  McKernan, 
McPherson.  Mack.  Morton,  Peck,  Rankin, 
Rohrer,  Smith  of  Mercer,  Sutton,  and  Wil- 
liams of  Scotland — 28 . 

Noes— Messrs.  Bedford,  Bush,  Clover, 
Davis  of  New  Madrid.  D'Oench,  Fletcher, 
Foster.  Gilstrap,  Green,  Harris,  Holcomb, 
Holland,  Hughes,  Husmann,  Newgent, 
Smith  of  Worth,  Strong,  Swearingen,  Switz- 
ler, Weatherby,  and  Mr.  President — 21. 

Absent  with  Leave— Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Gram- 
mer,  Martin,  Nixdorf,  Owens,  Thilenius, 
and  Williams  of  Caldwell — 11. 

Absent  without  Leave  — Messrs.  Fil- 
ley and  St.  Gem— 2. 

Sick— Messrs.  Cowden,  Meyer,  and  Mitch- 
ell—3. 

So  the  resolution  was  laid  upon  the  table. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  resume  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Leonard  reported  that  the 
Committee  of  the  Whole  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the 
article  on  Executive  Power,  but  had  come  to 
no  resolution  thereon. 

Mr.  Hughes  asked  leave  of  absence  for 
three  days,  which  was  granted. 

On  motion  of  Mr.  Folmsbee,  the  Con- 
vention adjourned  until  half-past  9  o'clock 
to-morrow  morning. 


110 


FORTY-FIRST  DAY. 


The  Convention  met  pursuant  to  adjourn- 
ment, the  President  in  the  chair  . 

Prayer  by  Rev.  Mr.  McLane. 

Mr.  Gamble  presented  a  petition,  which 
was  read,  from  citizens  of  the  counties  of 
Montgomery,  Pike,  Audrain,  and  Lincoln, 
praying  for  the  erection  of  a  new  county 
from  territory  embraced  in  said  counties; 
which,  on  motion  of  Mr.  Gamble,  was 
referred  to  the  Committee  on  Miscellaneous 
Provisions. 

Mr.  Smith  of  Mercer,  Chairman  of  the 
Committee  on  Loyalty  of  Members,  pre- 
sented the  following  report  and  accompany- 
ing papers : 

Mr.  President — The  Committee  on  the 
Loyalty  of  Members,  beg  leave  to  report, 
that  they  have  had  under  consideration  the 
case  of  Mr.  Thomas  B.  Harris,  of  Callaway 
county,  and  are  of  the  opinion  that  he  is 
disloyal.  Your  committee  do,  therefore, 
recommend  that  he  be  expelled  from  this 
bod}- .  The  evidence  in  the  case  is  herewith 
transmitted. 

(Signed)  K.  G.  SMITH,  Chairman. 

State  of  Missouri,  \  gs 
County  of  Callaway,  j 

William  R.  Wilson,  aged  forty-seven  years, 
by  occupation  clerk  of  county' court,  makes 
oath  and  says,  that  on  or  about  the  17th  day 
of  July,  1861,  it  being  the  day  of  the 
Overton  Run  tight,  he  saw  Thomas  E. 
Harris,  of  Callaway  county,  ride  into  Fulton, 
and  at  the  time  deponent  and  others,  who 
he  does  not  now  remember,  were  sitting  in 
front  of  the  ''Western  Bank"  building  in 
Fulton,  when  said  Harris,  passing  by,  called 
upon  the  crowd  to  know  ' 1  what  they  were 
doing  there, ' '  saying,  ' '  why  don't  you  go 
and  assist  in  driving  out  the  invaders  of  our 
State, ' '  or  words  to  that  effect,  meaning,  as 
deponent  supposed;  the  Federal  soldiers  then 
approaching  Fulton,  under  Colonel  John 
McNeil,  urging  the  citizens  to  arm  them- 
selves as  best  they  could  and  offer  insistence 
to  the  invade?-.  Deponent  further  states  that 
said  T.  B.  Harris  has  never  since  the  4  'Over- 
ton Run ,  "  or  about  that  time,  been  regarded 
by  Union  men  anything  else  but  a  rebel  or 
rebel  sympathizer  ;  his  associations  have 
been  with  what  are  termed  '  'Southern  men, " 
and  not  with  "Union  men,"  as  far  as  my 
observation  lias  enabled  me  to  judge. 

(Signed)  William  R.  Wilson. 

Subscribed  and  sworn  to  before  me,  this 
8th  day  of  February,  1865. 

(Signed)  Thomas  B.  Nesbit, 

Clerk  County  Court,  Callaway  County,  Mo. 


FRIDAY,  February  24th,  1865. 

State  of  Missouri,  ) 
County  of  Boone.  \Ss' 

J.  S.  Williams,  of  lawful  age,  being  duly 
sworn,  deposeth  and  says:  4 '  I  know  Thos. 
B.  Harris,  of  Callaway  county,  and  have 
known  him  since  1859;  his  general  charac- 
ter for  loyalty  to  the  Government  of  the 
United  States  is  bad;  I  have  heard  him 
since  the  17th  day  of  December,  1861,  make 
use  of  expressions  of  disloyalty  and  treason ; 
during  the  summer  and  fall  of  '61,  he,  at 
divers  times ,  endeavored  to  excite  the  people 
of  Callaway,  at  Fulton,  to  armed  resistance 
to  the  United  States  troops,  calling  upon  the 
citizens  to  get  arms  of  any  kind,  scythes, 
pitchforks,  or  anything— that  the  'damned 
Dutch  would  get  the  county  if  not  re- 
sisted . '  " 

(Signed)  J.  S.  Williams. 

Sworn  and  subscribed  to  before  me,  this 
12th  day  of  February,  A.  D.  1865. 

(Signed)  H.  M.  Bradley, 

Capt.  and  Ass't  Prov.  Marshal. 

State  of  Missouri, 

County  of  Boone. 

Patrick  Cain,  of  lawful  age,  being  duly 
sworn,  deposes  and  says:  "I  know  Thomas 
B .  Harris ,  of  Callaway  county ;  have  known 
him  over  five  years ;  his  character  for  loyalty 
is  bad ;  on  the  day  after  the  battle  at  Over- 
ton's  run,  in  Callaway  county,  near  Fulton, 
I  was  at  Fulton  when  the  rebel  General 
Harris  came  into  the  town,  and  told  the 
people  that  he  wanted  them  to  assist  him, 
that  if  thay  did  not  do  so  that  McNeil  would 
drive  them  out  of  the  town;  Thomas  B. 
Harris  was  there,  standing  close  to  the  Gene- 
ral, and  after  he  had  got  through  his  speech, 
spoke,  and  said:  'That  is  so,  General,  audi 
will  do  my  part;  if  we  do  not  do  as  you 
ask,  the  *  damned  Dutch  will  take  the 
town.'  " 

(Signed)  Patrick  Cain. 

Sworn  to  and  subscribed  beford  me,  this 
12th  day  of  February,  A.  D.  1885. 
(Signed)  H.  M.  Bradley, 

Capt.  and  Provost  Marshal. 

Office  of  Asst.  Provost  Marshal,  \ 
Fulton,  Missouri,  Nov.  10,  1864.  / 

Statement  of  Dr.  John  W.  Martin,  aged 
fifty-three  years,  by  occupation  a  physician, 
and  a  citizen  of  Callaway  county,  Missouri: 
Witness  states  that,  some  time  about  the 
middle  of  July.  1861,  he  saw  Thomas  B. 
Harris,  of  Callaway  county,  Missouri,  pass- 
ing along  the  street,  in  Fulton,  on  horse- 
back, and  heard  him  say,  "what  are  you 
all  doing  there?' '  meaning,  as  he  supposed, 
to  urge'men  to  assist  in  "resisting  Federal 


Ill 


authority,  or  to  oppose  the  advance  of  Colo- 
nel McNeil's  command;  and  that  he  lias, 
since  that  time,  understood  him  to  he  a 
Southern  sympathizer,  and  opposed  to  the 
exercise  of  Federal  authority. 

(Signed)  John  TV".  Martin. 

Sworn  to  and  subscribed  this  lGth  day  of 
January,  1865,  before  me. 

(Signed)  J.  W.  Stewart. 

Capt.  and  Asst.  Provost  Marshal. 

I,  John  Saunders,  a  resident  of  Audrain 
county,  Missouri,  on  oath  declare:  I  was  at 
Lakeland's  Schoolhouse  on  the  Sunday  after 
the  taking  of  Fort  Sumter,  and  1  saw 
Thomas  IT.  Harris  there;  in  the  course  of 
a  conversation  that  sprung  up  between  him 
and  George  Sullivan,  Joseph  Lakenan,  and 
a  Mr.  Ross,  at  which  I  was  present,  Sullivan 
accused  Harris,  in  a  rather  playful  manner, 
of  being  a  Union  man.  at  which  Harris  got 
nettled  ^  and  replied  to  Sullivan  not  to  call 
him  a  Union  man  if  he  did  not  want  to  insult 
him;  further,  during  the  gathering  of 
the  rebels  in  Callaway  county,  under  Jeff. 
Jones,  I  was  captured  by  Jones,  and,  under 
the  charge  of  being  a  "Federal  spy,  1  was 
kept  prisoner  by  him  until  he  got  scared, 
and  suddenly  disbanded  his  men  one  night ; 
I  believe  it  was  on  Friday  night  men  came 
into  camp,  and  notified  Jones"  that  General 
Prentiss  was  moving  on  him;  they  moved 
from  Dyer's  mills  to  String-field's  store  on 
Saturday,  and  Thomas  B.  Harris  came  into 
camp,  and  went  with  us  part  of  the  way  to 
String-field's  store,  apparently  directing 
movenients ;  on  the  march  he  espied  me  in 
a  wagon;  he  rode  back  and  forth  along 
the  hues,  and.  when  passing  by  me.  he  al- 
ways stopped  talking;  he  was  in  company 
with  Joseph  Lakenan  all  the  time;  this 
was  in  the  tall  of  1861,  during  the  encamp- 
ment of  General  Henderson  and  Colonel 
Krekel  at  Wells ville;  I  have  stated  that 
Harris  went  part  of  the  way;  the  rebels 
were  divided  into  two  parts,  after  crossing 
the  Mexico  and  Fulton  road,  one  going  by 
Jeff.  Jones'  house,  the  other,  by  a  more 
southern  route,  to  String-field's  store;  Har- 
ris, after  this  division,  was  not  with  the 
gang  I  was  with;  I  am  unable  to  say  whether 
lie  was  with  the  other  party  or  not,  after  the 
division.       (Signed)      John  Saunders. 

Subscribed  and  sworn  to  before  me,  this 
21st  day  of  January,  1865. 

(Signed)  H.  B.  Sayre, 

Lieut,  and  Asst.  Provost  Marshal. 


St.  Louis,  February  22,  1865. 
Statement  of  James  M.  Martien,  with  re- 
gard to  the  political  character  of  David  L. 
Whaley,  William  T.  Snell,  A.  A.  Faut,  R. 
Rc  Buckner,  and  G.  W.  Sullivan:  I  know 
David  L.  Whaley  to  be  a  rebel;  can  prove 
he  was  in  arms  against  the  government  in 
the  early  part  of  the  rebellion,  and  recruited 
and  drilled  men  for  the  rebel ' 4 State  Guard;" 
no  truly  loyal  man  regards  Whaley  as  any- 


thing but  a  rebel  sympathizer  at  the  present 
time;  I  know  William  T.  Snell  to  be  also  a 
rebel  sympathizer;  can  prove  he  contributed 
ten  dollars  in  cash  to  raise  and  outfit  Dan. 
Mclntyre's  rebel  company,  in  1861:  Snell 
has  since  been  on  duty  as  commander  of  the 
E.  E.  M.;  can  prove  that,  whilst  on  that 
duty,  he  (Snell)  stated  that  the  State  authori- 
ties" would,  and  ought  to,  resist  the  United 
States  conscription  law;  can  also  prove  that 
Snell  said  that  there  were  four  persons,  citi- 
zens of  Fulton  (radicals),  that  would  not  be 
permitted  to  live  in  the  State  when  the  war 
was  over;  A.  B.  Fant  is  a  horse  and  mule 
trader;  made  a  large  amount  out  of  the  Gov- 
ernment; says  but'little ;  but  is  regarded  by 
myself  and  all  loyal  men  as  a  rebel  sympa- 
thizer. R.  E..  Buckner  is  notoriously  dis- 
loyal; an  out-and-out  fire-eater.  With  re- 
gard to  James  Harris,  I  believe  he  is  a 
brother-in-law  of  Thomas  B.  Harris;  if  so, 
he  is  disloyal;  I  do  not  know  one  of  the 
name  that  "is  not  disloyal.  G.  W.  Sullivan 
was  a  rebel  sympathizer  when  he  lived  in 
Audrain  county,  in  the  neighborhood  of  T. 
B.  Harris;  he  associated  "habitually  with 
rebels,  and  was  recuiired  to  give  a  heavy 
bond.  With  regard  to  the  statement  of 
General  McNeil.'  it  is,  no  doubt,  true  that 
Harris  "appeared  to  be  as  loyal  as  any  of 
his  neighbors I  know  his  neighbors 
well;  they  were,  and  are.  all  disloyal;  I 
do  not  think  there  is  one  loyal  man,  at  the 
present  time,  in  the  township  Harris  resides 
in;  Thomas  B.  Harris  is  a  man  of  influence 
in  his  county,  and  has  had  much  to  do  in 
shaping  public  opinion,  particularly  in  his 
own  township;  Thomas  B.  Harris  was.  in 
1860,  apparently  a  Union  man.  but,  upon 
the  capture  of  Camp  Jackson,  became  in- 
tensely rebel;  was  a  friend  of  the  rebel 
General  Tom.  Harris,  at  the  time  he  was 
operating  in  Callaway  count}-;  held  to  the 
doctrine1  that  the  government  had  been 
usurped;  that,  in  fact,  no  government  ex- 
isted; that  President  Lincoln  had  no  legal 
authority;  that  the  Constitution  had  been 
violated' and  trampled  under  foot;  Thomas 
B .  Harris  has  always  looked  with  contempt 
and  detestation  on  Federal  soldiers. 

(Signed)  James  M.  Martien. 

Sworn  and  subscribed  to  at  St.  Louis,  this 
22d  day  of  February,  1865,  before  me. 
(Signed)      John  A.  Cunningham. 

Justice  of  the  Peace. 


State  of  Missouri,  \  ss 
County  of  Callaway.  / 

I.  Wm.  R.  Wilson.  Clerk  of  the  Callaway 
County  Court,  do  hereby  certify  that  I  am 
personally  acquainted  with  the  within  named 
affiants,  James  H.  Tucker,  E.  R.  Parker, 
Rufus  Abbot,  and  Thomas  Paiton,  and 
know  them  to  be  true  and  loyal  Union  men, 
and  all  of  them  have  been  citizens  of  this 
place  (Fulton)  and  county  for  fifteen  or 
twenty  years  or  more,  and  they  have  had  all 
opportunity  of  knowing  the  political  status 
of  the  meii  of  whom  they  have  been  called 


112 


upon  to  testify;  their  statements   are  en- 
titled to  full  faith  and  credit. 
In  testimony  whereof,  I  hereunto  subscribe 
my  name  and  affix  the  seal  of  the 
[l.  s.]  court,  at  office,  this  2d  day  of  Febru- 
ary, 1865. 
(Signed)  Wm.  R.  Wilson, 

Clerk  Callaway  County  Court. 

State  op  Missouri,) 
Comity  of  Callaway .  j 

Before  me,  William  R.  Wilson,  Clerk  of 
the  Callaway  County  Court,  personally  come 
James  H.  Tucker,  Edwin  R.  Parker  and 
Rufus  Abbot,  who  make  oath  and  say  that 
they  have  been  acquainted  with  A.  B.  Fant, 
Win.  H.  Bailey,  Angus  Berry,  Thos,  A. 
Howard  and  John  H.  Howard,  from  the 
commencement  of  the  present  rebellion,  and 
have  regarded  them  as  disloyal,  and  consider 
that  they  have  been  so  regarded  by  Union 
men ;  they  have  not  acted  with  Union  men ; 
Joseph  Flood  is  and  has  been  regarded  as 
a  loyal  man,  of  which  we  have  no  doubt; 
it  is  true  that  he  was  a  judge  of  the  court 
when  an  order  was  made  to  assist  wounded 
rebels  to  return  to  their  homes,  in  Callaway 
county,  from  Springfield,  Mo.,  in  1861;  it 
is  also  true  that  he,  with  others  declined  to 
take  the  Convention  oath,  and  retain  his 
place  as  judge  of  the  county  court;  not- 
withstanding" these  things,  Judge  Flood  has 
opposed  secession,  Jeff.  Davis  &  Co.,  as 
much  as  any  man  in  Missouri,  Illinois  or  New 
York,  and  has  acted  with  Union  men  from 
the  commencement  of  the  rebellion . 

James  H.  Tucker, 
(Signed)  E.  R.  Parker, 

R.  Abbot. 

Subscribed  and  sworn  to  before  me,  this 
2d  day  of  February,  1865. 

(Signed)  Wm.  R.  Wilson, 

Clerk  Callaway  County  Court. 

Personally  comes,  also,  Thomas  Patton , 
who  makes  oath  and  says,  that  the  following 
named  persons  are  disloyal,  to-wit:  A.  B. 
Fant,  T.  A.  Howard,  J.  II.  Howard,  Angus 
Berry,  and  William  H.  Bailey,  and  are  so 
considered  by  the  loyal  men  of  this  county; 
Joseph  Flood  was  a  member  of  the  county 
court  of  Callaway  county ,  which  court  made 
an  appropriation  to  bring  wounded  rebels 
home  from  Springfield,  in  1861,  which  is  on 
record  in  the  clerk's  office  of  said  county; 
he  also  resigned  his  seat  as  judge  of  the 
county  court,  refusing  to  take  the  oath  pre- 
scribed b}^  the  Convention;  William  H.  Bailey 
resigned  his  office  as  clerk  of  the  county  court 
of  Callaway  county,  refusing  to  take  the  oath 
prescribed  by  the  Convention. 

(Signed)   '  Thomas  Patton. 

Subscribed  and  sworn  to  before  me,  this 
2d  day  of  February,  1865. 

In  testimony  whereof,  I  have  hereunto  set 
r  -.  my  hand  and  affixed  the  seal  of  court, 
*-  *   'J  at  office  the  date  above  written . 

(Signed)  Wm.  R.  Wilson,  Clerk. 


On  the  morning  of  the  Overton  Run  fight 
I.  was  standing  before  my  house,  and  saw  ' 
Thomas  B .  Harris  when  he  came  into  town 
—I  think  something  near  10  o'clock;  saw 
him  when  he  stabled  his  horse ;  talked  to  him 
about  the  attack  on  Colonel  McNeil's  forces;  1 
returned  to  the  hotel  with  him;  went  up  on  i 
my  veranda  with  the  Reverend  S.  A.  Much-  i 
more ;  saw  Colonel  McNeil '  s  forces  approach-  j 
ing  the  town  nearly  in  a  south  direction; 
some  were  then  still  firing  from  houses  in 
town;  asked  Mr.  Muchmore  to  go  down 
town  with  me  and  make  some  arrangements 
about  a  flag  of  truce ;  he  asked  me  who  had 
best  go;  I  told  him  James  S.  Henderson 
would  be  best  for  one;  wTe  went  together 
downtown;  met  Mr.  T.  B.  Harris  and  Judge 
Bailey;  Mr.  Harris  then  went  into  the  clerk's 
office,  and  soon  came  out  again,  and  assisted 
in  making  arrangements  to  start  the  flag  of 
truce,  and  I  think  went  out  with  James  S. 
Henderson  and  S.  A.  Muchmore;  the  next  I 
recollect  of  T.  B.  Harris  he  came  to  my 
hotel  with  Colonel  McNeil  and  Dr.  Dudley 
H.  Overton,  when  T.  B.  Harris  introduced 
Colonel  McNeil  to  me;  this  was  after  the 
wounded  men  were  brought  to  my  hotel  by 
the  assistant  surgeon  and  Lieutenant  Colonel 
Fritz;  the  next  I  recollect  of  T.  B.  Harris  I 
saw  him  on  horseback,  in  company  with 
Judge  Hopkins,  Judge  King,  and  Judge 
Flood,  starting  toward  the  battle-ground, 
and  going  out  toward  Jefferson  City ;  I  un- 
derstood" Colonel  McNeil  requested  some 
persons  to  go  out  and  examine  the  ground, 
to  see  if  more  dead  or  wounded  were  left  on 
the  field;  I  saw  Mr.  T.  B.  Harris  and  Judge  \ 
Joseph  Flood  returning,  in  company  with 
others,  from  the  direction  of  the  battle-  fj 
ground;  I- am  fully  satisfied  Thomas  B.  Har- 
ris  was  at  no  time  armed  during  the  day, 
and  was  not  in,  nor  south  or  southwest  of, 
town  on  the  day  of  said  battle,  nor  in  the 
town  of  Fulton,  until  10  o'clock  or  later,  on 
that  daj^;  nor  do  I,  from  any  reasonable  con- 
clusion, believe  he  was  ever  in  favor  or  coun- 
tenanced the  actions  of  those  who  made  the 
attack  on  Colonel  McNeil's  forces,  but,  on 
the  contrary,  has  frequently,  in  unqualified  I 
terms,  showed  that  he  disapproved  of  seces- 
sion— first,  as  a  remedy  for  Southern  griev- 
ances; and  secondly,  altogether  against  the 
mode  of  warfare  as  carried  on  in  Missouri. 
(Signed)  David  L.  Whaley, 

February  1,  1865. 

Fulton,  Mo.,  January  31,  1865. 
I  was  in  Fulton,  Mo.,  on  the  day  of  the 
fight  known  as  the  Overton  Run  fight; 
saw  T.  B.  Harris  in  town  on  that  day ,  com- 
ing down  the  street  with  other  persons;  had 
no  arms  in  his  hands ;  saw  him  mixing  with 
the  Federal  officers  after  they  reached  town. 
(Signed)  W.  T.  Snell. 

St.  Louis,  Febmary  6,  1865. 
I  was  in  the  town  of  Fulton,  Callaway 
county,  Mo.,  on  the  day  of  what  was  called 
the  Overton  Run  fight;  was  in  company  with 


113 


Thomas  B.  Harris  in  town  after  the  fight;  he 
was  unarmed ;  saw  him  on  the  sidewalk  when 
James  S.  Henderson  and  Mr.  Muchniore 
went  down  the  street  and  reeeived  Colonel 
McXeil  and  his  command;  saw  Harris  with 
Colonel  McXeil  and  officers  after  they  got 
in;  when  things  settled  down  a  little, 'Har- 
ris, with  myself,  went  out  on  the  battle- 
ground, under  Colonel  McNeil's  order,  to 
see  if  there  were  any  dead  or  woimded  inen 
on  the  ground. 

(Signed)  A.  B.  Faxt. 

St.  Louis,  January  19,  1865. 
Hon.  T.  B.  Harris — Dear  Sir:  In  answer 
jto  interrogatories  propounded  to  us  by  you, 
i  touching  your  loyalty,  we  have  to  say,  in 

5  reply,  that  we  are  and  have  long  been'inti- 
Imately  acquainted  with  you  as  a  neighbor 
land  citizen;   we  know  well  your  political 

views  and  actions  since  and  before  the  out- 
l  break  of  this  rebellion.  You  opposed,  act- 
lively,  the  doctrine  of  secession,  and  labored 
I  to  keep  Missouri  in  the  Union ;  always  op- 

6  posed  lawlessness  and  bushwhacking;  in  a 
)  word,  we  are  bound  to  regard  you  as  a 
I  strictly  loyal  man. 

Yours ,  respecf ully . 
(Signed)  RobtTR.  Buckxer, 

W.  TV.  Robertson. 


St.  Louis,  Januo/ry  18,  1865. 
Hon.  T.  B.  Harris — Dear  Sir:  In  answer 
!to  interrogations  propounded  by  you,  I  have 
to  say  that  I  think  I  know  your  political 
record  since  the  first  outbreak  of  this  re- 
bellion. Having  been  on  the  most  intimate 
terms,  there  has  been  nothing  reserved  in 
our  interviews,  which  have  been  frequent 
from  the  beginning  of  the  present  conflict . 
I  know  that  you  was  one  of  the  first  men  in 
Boone  or  Callaway  county  to  oppose  the 
' 'heresy,"  as  you  called  it,  of  secession, 
and  opposing  all  efforts  to  take  Missouri  out 
of  the  Union,  asserting  and  affirming  that 
there  never  could  be  two  governments  estab- 
lished and  sustained  out  of  the  territory  of 
the  United  States.  For  entertaining  and 
advocating  these  views,  you,  as  well  as 
others  of  like  views  and  opinions ,  have  been 
continually  denounced  by  men  taking  the 
Southern  side  of  the  question. 

Yours,  respectfully, 
(Signed)  James  Harris. 


I  lived  in  Audrain  county,  Missouri,  until 
some  time  in  September,  1864 ;  know  Thomas 
B.  Harris,  of  Callaway  county,  well;  he 
lives  in  Callaway  county,  some  six  miles 
from  where  I  lived;  we  were  on  the  most 
intimate  terrns ;  I  know  his  views  and  opin- 
ions well  from  the  beginning  of  this  rebel- 
lion; he  was  a  most"  active  and  zealous 
opposer  of  secession  and  disunion ;  I  know 
that  he  was  active  and  earnest  in  keeping 
men  out  of  the  rebellion,  contending  that  the 
rights   of  American  citizens  were  to  be 

H 


secured  in  the  Union,  and  not  out  of  it; 
I  know  that  he  was  violently  opposed  to  all 
I  guerrilla  warfare  and  bushwhacking;  have 
i  heard  him  publicty  and  privately  advocate 
the  union  of  all  the  States  under  one  govern- 
ment and  one  constitution,  stating  that  seces- 
sion was  a  heresy,  and  would  ruin  the  gov- 
ernment; have  no  recollection  of  ever  hear- 
ing him  at  any  time,  by  word  or  act,  favor 
any  other  views  or  sentiments  than  those 
above  expressed;  I  know  to  my  personal 
knowledge  of  his  doing  all  in  his  power  to 
keep  men  out  of  the  rebel  army . 

(Signed)  Geo.  W." Sullivan. 


Iam  a  citizen  of  Callaway  county,  Mis- 
|  souri;  am  well  and  intimately  acquainted 
I  with  Thomas  B.  Harris,  of  Callaway  county: 
was  director  with  him  in  the  bank  at  Fulton ; 
the  subject  of  secession  was  often  up.  and 
Mr.  Harris  was  at  all  times  in  active  oppo- 
sition to  it,  advocating  the  union  of  all  the 
States  under  one  constitution;  I  have  never 
known  a  disloyal  act  of  his ;  I  am  a  Union 
man — a  judge  of  the  county  court  of  Calla- 
way county. 

(Signed)  H.  F.  Rexoe. 

Personally  appeared  before  me,  G-.  TV. 
Sullivan  and  H.  F.  Renoe,  whose  names  are 
appended  to  the  foregoing  affidavits,  and 
being  duly  sworn  to  by  me,  state  that  the 
matters  and  statements  contained  therein  are 
true. 

This  4th  day  of  February,  1865. 
(Signed)  A.  H.  Martix, 

Clerk  of  Circuit  Court  of  Lincoln  County,  Mo. 


I  am  eighteen  years  of  age ;  live  in  Calla- 
way county,  in  the  State  of  Missouri;  my 
home  is  with  Thomas  B.  Harris,  about  thir- 
teen miles  north  of  Fulton,  in  said  county; 
I  know  that  he,  the  said  Thomas  B.  Harris, 
was  at  home,  in  the  harvest  field  with  the 
hands,  the  day  before  what  was  called  the 
Overton  Run  fight  with  the  Federal  forces 
under  General  (then  Colonel)  McXeil,  and 
that  he  was  at  home  that  night  and  to  break- 
fast next  morning,  viz. ,  the  day  of  the  fight, 
and  that  we  did  not  know  anything  of  the 
fight  until  he  returned  home  that  evening; 
I  know  he  had  no  arms,  and  was  then,  and 
has  ever  since  been,  opposed  to  secession, 
bushwhacking  and  everything  of  the  sort; 
he  has  at  all  times  counseled  me  to  have 
nothing  to  do  with  the  rebellion,  and  has 
kept  others  out  of  it;  I  know,  also,  that  he 

|  was  opposed  to  the  Jones  encampment  ,  and 
that  his  house  was  inside  the  lines;  pickets 
were  stationed  in  all  the  avenues  leading  to 
and  from  his  house. 

(Signed)  Caleb  R.  Harris. 

Sworn  to  and  subscribed  before  me,  at  my 
office,  in  Buffalo,  this  2d  day  of  February, 

1 1865.  (Signed) 

ISOM  EXLOW, 

Justice  of  the  Peace. 


114 


St.  Louis,  February  9,  1865. 
Hon.  Thomas  Harris,  Member  of  the  Con- 
stitutional Convention,  St.  Louis': 
Sir — Being-  called  upon  by  you  to  state  my 
recollection  of  your  action  at  the  time  my 
command  entered  Fulton ,  Callaway  county , 
on  the  16th  of  July,  1861,  and  while  I  was 
inoccupation  at  that  place,  1  have  to  say: 
That  when  the  town  was  occupied  by  my 
troops,  I  met  you,  with  others,  with  a  flag 
of  truce;  that  you  expressed  a  good  dispo- 
sition toward  the  Government  of  the  United 
States,  and  volunteered  your  services  to  pro- 
'cure  my  men  quarters  in  the  courthouse; 
you  also  went  with  me  to  Whaley's  store, 
part  of  which  1  occupied  as  an  hospital;  I 
regarded  you,  while  I  was  in  Fulton,  as  full 
as  loyal  as  most  of  your  neighbors,  and  at 
no  time  did  I  hear  that  you  had  been  in  arms 
before  the  occupation  of  Fulton. 

I  have  the  honor  to  be,  your  obedient  ser- 
vant,       (Signed)      John  McNeil, 

Brig.  Gen.  U.  S.  Vols. 

Concord,  January  21,  1865. 
Hon .  T .  B .  Harris — Dear  Sir:  In  answer 
to  your  interrogatories,  we  cheerfully  re- 
spond that  we  have  known  you  intimately 
for  many  years,  and  can  testify  to  your  loy- 
alty from  the  commencement  of  the  rebel- 
lion.   You,  from  the  beginning,  took  an 
active  part  ao-amst  secession;  have  always 
opposed    bush  whackers   and   rebel  raids. 
Publicly  and  privately,  your  voice  and  acts 
have  been  for  the  Federal  Government. 
Yours  truly,  (Signed) 
Afred  Barnes,      King  Bailey, 
Jno.  Henderson,   A.  P.  Pollard, 
J .  M .  Riley  ,  Sandford  J  ameson, 

R.  S.  Shields,       L.  G.  Pledge, 
Jno.  A.  Thurman,  Allen  Leeper, 
Lewis L.  Mathews,  William  Guy, 
E.  McCrackin,      John  G.  Barnes, 
R.  H.  Fowler,      Philip  Thurmond. 

Concord,  Callaway  County,  \ 
January  23,  1865.  J 

Thos.  B.  Harris,  Esq.— Dear  Sir:  In 
answer  to  your  interrogatories,  we,  the  un- 
dersigned citizens  of  Callaway  county,  Mis- 
souri, were  present  at  a  meeting  of  Liberty 
township,  held  at  Concord,  the  early  part  of 
the  fall  of  1861;  that,  at  said  meeting  reso- 
lutions were  offered  of  a  disloyal  character, 
and  not  in  harmony  with  the  preservation  of 
our  Government,  and  speeches  were  made 
advocating  secession.  We  recollect  very 
distinctly  that  yon  promptly  took  the  stand 
and  made  a  speech,  in  which  you  denounced 
secession  as  a  dangerous  heresy;  and  further 
state  that,  from  the  beginning  of  this  rebel- 
lion till  now,  you  have  openly  and  zealously 
advocated  the  claims  of  our  Government,  as 
paramount  to  all  other  considerations. 

(Signed) 

Franklin  Burt,        Jas.  Lawrence. 
Thos.  J.  Atkinson,    J.  T.  Henderson, 
John  Hall,  H.  G.  Garwood. 

Wm.  McPhreters. 


State  of  Missouri,  \ 
Callaway  County.      j  ss' 

Personally  appeared  before  me,  this  dav, 
the  undersigned,  acting  justice  of  the  peace 
for  the  within  county,  and  State  of  Missouri, 
the  parties  whose  names  are  subscribed  to 
the  within  instrument,  who  are  personally 
known  to  me  as  men  of  undoubted  worth 
and  integrity,  and  are  regarded  by  the  com- 
munity as  loyal  to  the  Federal  Government; 
and  would  further  certify  that  a  majority  of 
them  are  prominent  Union  men,  and  they 
acknowledge  that  they  executed  the  above 
for  all  the  uses  and  purposes  therein  con- 
tained. 

Given  under  ray  hand  this,  January  23d, 
1865.         (Signed)  R.  H.  Hord, 

Justice  of  the  Peace. 

Mass  Meetmg  in  Old  Callaway. 

On  Monday  last,  November  19,  1860,  a 
large  mass  meeting  of  our  citizens  was  held 
at"  the  courthouse  in  this  city,  for  the  purpose 
of  considering  the  present  condition  of  our 
national  affairs. 

The  meeting  was  presided  over  by  Mr. 
Thomas  B.  Harris,  as  President,  and  Captain 
Samuel  Blount,  Major  W.  W.  Snell,  and 
Judge  Thomas  Ansell,  as  Vice  Presidents. 
Jesse  C.  Fox,  Esq.,  acted  as  Secretary. 

A  committee  of  eleven  was  appointed  to 
draft  resolutions  expressive  of  the  sense  of 
the  meeting,  composed  of  the  following 
gentlemen:  Judge  I.  O.  Hockaday,  Benja- 
min Cason,  Major  John  Harrison,  Dr.  J.  T. 
Collier,  John  S.  Henderson,  George  Law,  I. 
W.  Boulware,  George  Bartley,  John  G.  Pro- 
vines,  Dr.  J.  W.  Martin,  and  Dr.  James  M. 
Martien .  Whilst  the  committee  was  absent, 
Judo-e  Thomas  Ansell  and  Major  P.  B. 
Reed,  of  Audrian  county,  were  ealled  for, 
and  addressed  the  meeting  in  appropriate, 
well-timed  and  eloquent  speeches.  The 
committee,  after  a  short  absence,  returned, 
bringing  in  two  reports — a  majority  and 
minority  report.  The  following  is  the  ma- 
jority report: 

Whereas  ,  By  the  recent  election  of  Abra- 
ham Lincoln  to  the  chief  magistracy  of  the 
United  States,  the  country  has  been  thrown 
into  violent  agitation,  and  particularly  the 
cotton -growing  States  of  this  confederacy; 
and  whereas,  imminent  and  sudden  danger 
threatens  the  integrity  of  the  Union,  the 
prosperity  and  perpetuity  of  the  General 
Government,  and  the  harmony,  peace  and 
happiness  of  the  people;  and  whereas,  the 
citizens  of  the  various  States,  one  in  aim  and 
destiny,  are  in  danger  of  being  brought 
into  hostile  and  deadry  conflict;  and  whereas, 
the  social,  religious  and  moral  relations  of 
our  people  are  involved  in  almost  inextrica- 
ble difficulties,  threatening  alike  the  lives, 
liberties  and  the  property  of  the  citizens  of 
the  common  territory;  therefore. 

Resolved,  That  while  we  deprecate  the 
election  of  Abraham  Lincoln  to  the  Presi- 
dency of  the  United  States,  we  do  not  regard 


115 


his  mere  election  as  sufficient  reason  for  the 
secession  of  any  State  from  the  confederacy. 

Resolved,  That  we  will  abide  by  the  consti- 
tution as  it  is,  the  laws  as  they  exist,  and  the 
Union  of  the  States,  as  it  was  framed  and 
handed  down  to  us  by  a  brave,  a  generous, 
and  a  noble  ancestry. 

Resolved,  That  ignoring  the  political  differ- 
ences that  have  heretofore  divided  us,  we 
will  cling  to  the  constitution  of  our  country 
as  the  sheet-anchor  of  our  hopes  and  the 
ultimatum  of  our  desires. 
•  Resolved,  That  we  regard  the  prospective 
disruption  of  the  existing  government  as  one 
of  the  most  direful  calamities  that  could 
befall  not  only  the  American  people  and 
American  institutions,  but  the  cause  of  free- 
dom and  self-government  throughout  the 
world . 

Resolved,  That  we  recognize  the  Supreme 
Court  of  the  United  States  as  the  proper  tri- 
bunal to  determine  the  constitutionality  or 
unconstitutionality  of  all  laws,  and  as  such 
we  will  look  to  it  as  the  conservator  ot  the 
public  peace  and  the  preserver  of  public 
tranquillity. 

Resolved",  That  this  government  was  formed 
out  of  the  privation,  the  suffering,  the  patri- 
otism and  the  sacred  blood  of  our  fathers, 
and  as  the  richest  legacy  they  could  leave  to 
us,  we  will  preserve  it  unimpaired  by  civil 
broils,  strengthened  by  a  mutual  and  sacred 
endeavor  to  render  it  the  fairest,  the  freest, 
the  most  indestructible  ligature  of  brother- 
hood. 

Resolved,  That  we  do  not,  nor  can  we, 
regard  the  inhabitants  of  the  seceding  States 
of  the  Union  as  other  than  revolutionists  and 
disorganizes,  and  as  such,  we  cannot  offer 
them  assistance  nor  extend  to  them  the  right 
hand  of  fellowship. 

Resolved,  That  so  long  as  the  chief  magis- 
trate of  the  government  shall  confine  his 
action  within  the  limits  of  the  national  con- 
stitution, we  will  use  all  lawful  means,  and 
exert  all  our  rightful  powers,  to  uphold  his 
administration  and  render  his  term  of  office 
glorious  by  our  loyalty  and  devotion  to  the 
interests  of  self-government  and  the  cause  of 
freedom. 

Resolved,  That  as  the  condition  upon  which 
God  has  given  liberty  to  man  is  that  of  eter- 
nal vigilance ,  we  will  not  break  that  condi- 
tion by  a  cold  and  active  indifference  to 
things  around  us,  but  will  labor  for  the 
spread  of  a  liberal  and  just  policy,  and  the 
success  of  our  free  institutions  throughout  all 
time.  (Signed) 
I.  O.  Hockaday,       George  Bartley, 
John  Harrison,        John  G.  Provines, 
J.  T.  Collier,  J.  W.  Martls, 

Jxo.  S.  Henderson,  Jas.  M.  Martien. 


Minoi^ity  Report . 

Mr. < President  :  We,  the  undersigned,  a 
minority  of  your  committee,  although  we 
deem  this  mass  meeting  uncalled  for  and 
premature,  yet  as  a  duty  assigned  us,  beg 


leave,  in  the  discharge  of  that  duty,  to  make 
the  resolutions  of  the  majority- report,  except 
the  seventh,  our  report. 

(Signed)  I.  W.  Boulware, 

G.  W.  Law. 
Benjamin  Cason. 

Some  discussion  took  place  between  Presi- 
dent S.  S.  Laws,  Judge  Thomas  Ansell,  and 
JohnG.  Provines,  Esq.,  on  the  presentation 
of  the  two  reports — the  two  former  gentle- 
men sustaining  the  minority  report,  and  the 
latter  gentleman  the  majority  report,  con- 
taining the  seventh  resolution .  The  majority 
report  was  rejected  by  an  overwhelming 
vote,  only  twelve  voting  for  it,  and  the 
minority  report  was  adopted. 

On  motion  of  Mr.  Drake,  the  report  of 
the  Committee  on  Loyalty,  with  accompa- 
nying papers,  was  ordered  to  be  printed. 

Mr.  Drake,  Chairman  of  the  Committee 
on  Revision,  made  the  following  report: 

The  Revising  Committee,  to  whom  was 
referred  the  article  entitled  "Declaration  of 
Rights, ' '  beg  leave  to  report  the  same  back 
without  amendment. 

CD.  DRAKE,  Chairman. 

On  motion  of  Mr.  Folmsbee.  the  article 
on  Declaration  of  Rights,  as  reported  back 
from  the  Committee  on  Revision,  was  ordered 
to  be  read. 

On  motion  of  Mr.  Peck,  the  Convention 
adjourned  until  half-past  2  o'clock  P.  M. 


AFTER  NO  OX  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Smith  of  Worth  moved  that  the  fur- 
ther consideration  of  the  Declaration  ot  Rights 
be  postponed  till  the  16th  day  of  March  next; 
on  which  motion,  Mr.  Drake  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  folloAvs : 

Ayes — Messrs.  Bush,  D'Oench,  Foster, 
Gamble,  Gilstrap,  Hams,  Holcomb.  Hus- 
mann,  Leonard,  Linton,  McKernan.  New- 
gent,  Rohrer.  St.  Gem,  Smith  of  AVorth, 
Swearingen,  Switzler,  and  Mr.  President 
—18. 

Noes — Messrs.  Bedford,  Bonham.  Budd, 
Childress,  Clover,  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Dodson.  Drake,  Es- 
ther, Evans,  Folmsbee.  Fulkerson,  Gilbert 
of  Lawrence,  Green,  Henderson,  Holds- 
worth,  Holland,  Hume,  King,  McPherson, 
Mack,  Morton.  Peck,  Rankin,  Smith  of 
Mercer,  Strong.  Sutton.  Weatherbv,  and 
Williams  of  Scotland— 30. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Gram- 
mer,  Hughes,  Martin,  Nixdorf,  Owens, 
Thilenius,  and  Williams  of  Caldwell — 12, 


116 


Absent  without  Leave — Mr.  Fletcher — I. 
Sick — Messrs.  Cowden,  Filley,  Meyer, 
and  Mitchell— 4. 

So  the  motion  to  postpone  was  rejected. 

The  question  feeing  on  the  enrollment  of 
the  Declaration  of  Rights  as  a  part  of  the 
Constitution,  Mr.  Gilstrap  demanded  the 
ayes  and  noes  thereon;  and  the  vote  being 
taken ,  stood  as  follows : 

Ayes — Messrs.  Bonham,  Budd,  Childress, 
Cljver,  Davis  ot  Nodaway,  Drake,  Esther, 
Folrnsbee,  Fulkerson,  Gilbert  of  Lawrence, 
Green,  Henderson,  Holds  worth,  Hume, 
King,  McPherson,  Mack,  Peck,  Rankin, 
Smith  of  Mercer,  Strong,  Sutton,  Weather- 
by,  and  Williams  of  Scotland — 24. 

Noes — Messrs.  Bedford,  Bush,  Davis  of 
New  Madrid,  Dodson,  D'Oench,  Evans, 
Foster,  Gamble,  Gilstrap,  Harris,  Holcomb, 
Holland,  Husmann,  Leonard,  Linton,  Mc- 
Kernan,  Morton,  Newgent,  Rohrer,  St. 
Gem,  Smith  of  Worth,  Swearingen,  Switz- 
ler,  and  Mr.  President— 24. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Gram- 
mer,  Hughes,  Martin,  Nixdorf,  Owens, 
Thilenius,  and  Williams  of  Caldwell — 12. 

Absent  without  Leave — Mr.  Fletcher — 1. 

Sick — Messrs .  Cowden,  Filley,  Meyer,  and 
Mitchell— 4. 

So  the  Declaration  of  Rights  was  not 
ordered  to  be  enrolled. 

Mr.  Drake  moved  to  reconsider  the  vote 
by  which  the  article  on  Declaration  of  Rights 
was  rejected;  which  motion  was  withdrawn. 

Mr.  Bush  moved  that  the  article  on  Decla- 
ration of  Rights,  as  offered  by  him,  be  made 
the  special  order  for  Monday  next. 

Mi'.  Folmsbee  moved  a  call  of  the  house. 
Decided  out  of  order. 

The  article  on  Declaration  of  Rights, 
offered  by  Mr.  Bush,  was  read  the  third 
time. 

Mr.  Budd  demanded  a  call  of  the  house, 
which  was  agreed  to,  and  the  call  being 
made  the  following  members  responded  to 
their  names : 

Messrs.  Bedford,  Bonham,  Budd,  Bush, 
Childress,  Clover,  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Dodson,  D'Oench, 
Drake,  Esther,  Evans,  Folmsbee,  Foster, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Gilstrap,  Green,  Harris,  Henderson,  Hol- 
comb, Holdsworth,  Holland,  Hume,  Hus- 
mann, King,  Leonard,  Linton,  McKternan, 
McPherson,  Mack,  Morton,  Newgent,  Peck, 
Rankin,  Rohrer,  St.  Gem,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen,  Switzler, 
Weatherby,  Williams  of  Scotland,  and  Mr. 
President — 48. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Gram- 


mer,  Hughes,  Martin,  Nixdorf,  Owens, 
Thilenius,  and  Williams  of  Caldwell— 12. 

Absent  without  Leave— Mr.  Fletcher— 1. 

Sick— Messrs.  Cowden,  Filley,  Meyer, 
and  Mitchell— 4. 

Mr.  Gilstrap  moved  that  further  pro- 
ceedings under  the  call  be  dispelled  with, 
and  demanded  the  ayes  and  noes  thereon, 
which  being  taken  the  vote  stood  as  follows: 

Ayes— Messrs.  Bedford,  Bush,  Childress, 
Clover,  Davis  of  New  Madrid,  Dodson, 
D'Oench,  Esther,  Foster,  Fulkerson,  Gam- 
ble, Gilbert  of  Lawrence,  Gilstrap,  Green, 
Harris,  Henderson,  Holcomb,  Holdsworth, 
Holland,  Hume,  Husmann,  Leonard,  Linton, 
McKernan,  Morton,  Newgent,  Rohrer,  St. 
Gem.  Smith  of  Worth,  Swearingen,  Switz- 
ler, and  Mr.  President — 32. 

Noes — Messrs.  Bonham,  Budd,  Davis  of 
Nodaway,  Drake,  Evans,  Folmsbee,  King, 
McPherson,  Mack,  Peck,  Rankin,  Smith  of 
Mercer,  Strong,  Sutton,  Weatherby,  and 
Williams  of  Scotland— 16. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Grain- 
mer,  Hughes,  Martin,  Nixdorf,  Owens, 
Thilenius,  and  Williams  of  Caldwell — 12. 

Absent  without  Leave — Messrs.  Filley, 
Fletcher,  and  Mitchell— 3. 

Sick — Messrs.  Cowden  and  Meyer — 2. 

So  further  proceedings  under  the  call  were 
dispensed  with. 

Mr.  Bedford  moved  to  adjourn;  on  which 
motion  Mr.  Drake  demanded  the  ayes  and 
noes,  and  the  vote  being  taken,  stood  as 
follows  : 

Ayes — Messrs.  Bedford,  Clover,  Dodson, 
D'Oench,  Evans,  Gilstrap,  Harris,  Rohrer, 
Switzler,  and  Mr.  President — 10. 

NoES--Messrs.  Bonham,  Budd,  Bush, 
Childress,  Davis  of  New  Madrid,  Davis  of 
Nodaway,  Drake,  Esther,  Filley,  Folmsbee, 
Foster,  Fulkerson,  Gamble,  Gilbert  of 
Lawrence,  Green,  Henderson,  Holcomb, 
Holdsworth,  Holland,  Hume,  Husmann, 
King,  Leonard,  Linton,  McKernan, 
McPherson,  Mack,  Morton,  Newgent, 
Peck,  Rankin,  St.  Gem,  Smith  of  Mercer, 
Smith  of  Worth,  Strong,  Sutton,  Swearin- 
gen, Weatherby  ,  and  Williams  of  Scotland 
-39. 

Sick— Messrs.  Cowden,  Meyer,  and 
Mitchell— 3. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  ot  Platte ,  Gram- 
mer,  Hughes,  Martin,  Nixdorf,  Owens, 
Thilenius,  and  Williams  of  Caldwell— 12. 

Absent  without  Leave— Mr.  Fletcher. 

So  the  Convention  refused  to  adjourn. 

Mr.  Drake  moved  to  reject  the  article  on 
Declaration  of  Rights,  offered  by  Mr.  Bush, 
and  demanded  the  ayes  and  noes  thereon, 
which  being  taken,  the  vote  stood  as  fol- 
lows :. 


117 


Ayes— Messrs,  Boriham,  Budd.  Childress, 
Davis  of  Nodaway,  Drake,  Esther,  Evans, 
Filley,  Folmsbee,  Fulkerson,  Hume,  King, 
McPherson,  Mack,  Peck,  Rankin,  Smith 
of  Mercer,  Strong,  Sutton,  Swearingen, 
Weatherbv.  and  Williams  of  Scotland 
—22. 

Koes — Messrs.  Bedford.  Bush,  Clover, 
Davis  of  New  Madrid.  Dodson,  D'Oench, 
Foster,  Gamble,  Gilbert  of  Lawrence, 
Gilstrap,  Green,  Harris.  Henderson,  Hol- 
comb.  Holdsworth,  Holland.  Husmann, 
Leonard,  Linton,  McKernan,  Morton.  Xevr- 
gent,  Rohrer,  St.  Gem,  Smith  of  Worth, 
Switzler,  and  Mr.  President — 27. 


Sick  —  Messrs.  Cowden,  Meyer,  and 
Mitchell— 3. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte, 
Grammer,  Hughes,  Martin.  Nixdorf, 
Owens,  Thilenius,  and  Williams  of  Caldwell 
—12. 

Absent  without  Leave— Mr.  Fletcher. 
So  the  Declaration  of  Eights ,  as  offered  by 
Mr.  Bush,  was  not  rejected. 

On  motion  of  Mr.  St.  Gem,  the  Conven- 
tion adjourned  until  half-past  9  o'clock 
to-morrow  morning. 


FORTY-SECOND  DAY. 

SATURDAY,  February  25th,  1865. 


Convention  met  pursuant  to  adjournment; 
the  President  in  the  chair. 

The  Declaration  of  Rights,  offered  by  Mr. 
Bush,  was  taken  up. 

Pending  which,  Mr.  Smith  of  Worth 
offered  the  following  as  a  substitute  therefor : 

article  — . 
Declaration  of  Rights. 

That  the  general,  great  and  essential  prin- 
ciples of  liberty  and  free  government  may 
be  recognized  and  established,  and  that  the 
relations  of  this  State  to  the  Union  and  gov- 
ernment of  the  United  States,  and  those  of 
the  people  of  this  State  to  the  rest  of  the 
American  people,  may  be  defined  and 
affirmed,  Ave  do  declare: 

1.  That  we  hold  it  to  be  self- evident  that 
all  men  are  created  equally  free,  and  are 
endowed  by  their  Creator  "with  certain  in- 
alienable rights ,  among  which  are  life,  lib- 
erty, the  enjoyment  of  the  fruits  of  their 
own  labor,  and  the  pursuits  of  hapniness. 

2  .  That  there  cannot  be  in  this  State  either 
slavery  or  involuntary  servitude,  except  in 
punishment  of  crime,  whereof  the  party 
shall  have  been  duly  convicted. 

3.  That  no  person  can,  on  account  of 
color,  be  disqualified  as  a  witness,  or  be 
disabled  to  contract  otherwise  than  as  others 
are  disabled,  or  be  prevented  from  acquiring, 
holding,  and  transmitting  property,  or  be 
liable  to  any  other  punishment  'for  any 
offense  than  that  imposed  upon  others  for  & 
like  offense,  or  be  restricted  in  the  exercise 
of  religious  worship,  or  be  hindered,  in 
acquiring  education,  as  shall  be  provided  by 
law,  or  be  subjected,  in  law,  to  any  other 
restraints  or  disqualifications  in  regard  to 
any  personal  rights ,  than  such  as  are  laid 
upon  others  under  like  circumstances. 


4.  That  all  political  power  is  vested  in  and 
derived  from  the  people;  that  all  govern- 
ment of  right  originates  from  the  people;  is 
founded  upon  their  will  only,  and  is  insti- 
tuted solely  for  the  good  of  the  whole. 

5.  That  the  people  of  this  State  have  the 
inherent  ,  sole  and  exclusive  right  of  regula- 
ting the  internal  government  and  police 
thereof,  and  of  altering  and  abolishing  their 
constitution  and  form  of  government,  when- 
ever it  may  be  necessary  to  their  safety  and 
happiness;  but  every  such  right  should  be 
exercised  in  pursuance  of  law,  and  consist- 
ently with  the  Constitution  of  the  United 
States. 

6 .  That  this  State  shall  ever  remain  a  mem- 
ber of  the  American  Union ;  that  the  people 
thereof  are  a  part  of  the  American  nation, 
and  that  all  attempts,  from  whatever  source 
or  upon  whatever  pretext  ,  to  dissolve  said 
Union,  or  to  sever  said  nation,  ought  to  be 
resisted  with  the  whole  power  of  the  State. 

7.  That  every  citizen  of  this  State  owes 
paramount  allegiance  to  the  Constitution  and 
Government  of  the  United  States,  and  that 
no  law  or  ordinance  of  this  State,  in  contra- 
vention or  subversion  thereof,  can  have  any 
binding  force . 

8 .  That  the  people  have  the  right  peace- 
ably to  assemble  for  their  common  good,  and 
to  apply  to  those  vested  with  the  powers  of 
government  for  redress  of  grievances,  by 
petition  or  remonstrance;  and  that  their 
right  to  bear  arms  in  defense  of  themselves 
and  of  the  lawful  authority  of  the  State 
can  not  be  questioned. 

9.  That  all  men  have  a  natural  and  inde- 
feasible right  to  worship  Almighty  God 
according  to  the  dictates  of  their  own  con- 
sciences; that  no  person  can,  on  account  of 
his  religious  opinions,  be  rendered  ineligi- 
ble to  any  office  of  trust  or  profit  under  this 
State,  nor  be  disqualified  from  testifying  or 


118 


serving  as  a  juror;  and  that  no  human 
authority  can  control  or  interfere  with  the 
rights  of  conscience;  that  no  person  ought, 
by  any  law.  to  be  molested  in  his  person  or 
estate,  on  account  of  his  religious  persuasion 
or  profession,  or  for  his  religious  practice, 
unless,  under  the  color  of  religion,  he  dis- 
turb the  good  order,  peace  or  safety  of  the 
State,  or  offend  against  public  morals,  or 
injure  others  in  their  natural,  civil  or  reli- 
gions rights. 

10.  That  no  person  can  be  compelled  to 
erect,  support,  or  attend  any  place  of 
worship,  or  to  maintain  any  minister  of  the 
gospel,  or  teacher  of  religion;  but  whatever 
contracts  any  person  may  enter  into  for  any 
such  object,'  ought,  in  law,  to  be  binding 
and  capable  of  enforcement,  as  other  con- 
tracts. 

11.  That  no  preference  can  ever  be  given, 
by  law,  to  any  church,  sect,  or  mode  of 
worship . 

12.  That  no  religious  corporation  can  be 
established  in  this  State;  except,  that  by  a 
general  law,  uniform  throughout  the  State, 
any  church,  or  religious  society,  or  congre- 
gation, may  become  a  body  corporate,  for 
the  sole  purpose  of  acquiring,  holding, 
using,  and  disposing  of  so  much  land  as 
may  be  required  for  a  house  of  public  wor- 
ship, a  chapel,  a  parsonage,  and  a  burial 
ground,  and  managing  the  same,  and  con- 
tracting in  relation  to  such  land,  and  the 
buildings  thereon,  through  a  board  of  trus- 
tees selected  by  themselves;  but  the  quan- 
tity of  land  to*  be  held  by  any  such  body 
corporate,  in  connection  with  a  house  of 
worship  or  a  parsonage,  shall  not  exceed  five 
acres  in  the  country,  or  one  acre  in  a  town 
or  city . 

13.  That  every  gift,  sale,  or  devise  of 
land  to  any  minister,  public  teacher,  or 
preacher  of  the  gospel,  as  such,  or  to  any 
religious  sect,  order,  or  denomination;  or 
to  or  for  the  support,  use,  or  benefit  of,  or 
in  trust  for,  any  minister,  public  teacher,  or 
preacher  of  the  gospel,  as  such,  or  any 
religious  sect,  order  or  denomination; 
and' every  gift  or  sale  of  goods  or  chattels, 
to  go  in  succession,  or  to  take  place  after 
the  death  of  the  seller  or  donor,  to  or 
for  such  support,  use,  or  benfit;  and  also 
every  devise  of  goods  or  chattels,  to  or 
for  the  support,  use,  or  benefit  of  any 
minister,  public  teacher,  or  preacher  of  the 
gospel,  as  such,  or  any  religious  sect,  order 
or  denomination,  shall  be  void,  except 
always  any  gift,  sale,  or  devise  of  land  to  a 
church ,  religious  society  or  congregation ,  or 
to  any  person  or  persons  in  trust  for  the  use 
of  a  church,  religious  society  or  congrega- 
tion, whether  incorporated  or  not,  tor  the 
uses  and  purposes  and  within  the  limita- 
tions of  the  next  preceding  clause  of  this 
article. 

14.  That  all  elections  ought  to  be  free 
and  open. 

14.  That  courts  of  justice  ought  to  be 
open  to  every  person,  and  certain  remedy 
afforded  for  every  injury  to  person,  prop- 


erty, or  character;  and  that  right  and  justice 
ought  to  be  administered  without  sale,  de- 
nial or  delay. 

16.  That  no  private  property  ougiit  to 
be  taken  or  applied  to  public  use,  without 
just  compensation. 

17.  That  the  right  of  trial  by  jury  shall 
remain  inviolate. 

18.  That  in  all  criminal  prosecutions  the 
accused  has  the  right  to  be  heard  by  him- 
self and  his  counsel;  to  demand  the  nature 
and  cause  of  accusation;  to  have  compulsory 
process  for  witnesses  in  his  favor;  to  meet 
the  witnesses  against  him  face  to  face;  and, 
in  prosecutions  on  presentment  or  indict- 
ment, to  a  speedy  trial  by  an  impartial  jury 
of  the  vicinage;  that  the  accused  can  not  be 
compelled  to  give  evidence  against  himself, 
nor  be  deprived  of  life,  liberty,  or  property, 
but  by  the  judgment  of  his  peers,  or  the 
law  of  the  land.- 

19.  That  no  person,  after  having  been 
once  acquitted  by  a  jury,  can,  for  the  same 
offense,  be  again  put  in  jeopardy  of  life 
or  liberty ;  but  if,  in  any  criminal  prosecu-^ 
tion,  the  jury  be  divided  in  opinion,  the 
court  before  which  the  trial  shall  be  had 
may,  in  its  discretion,  discharge  the  jury, 
and  commit  or  bail  the  accused  for  trial  at 
the  next  term  of  said  court. 

20.  That  all  persons  shall  be  bailable 
by  sufficient  sureties,  except  for  capital 
offenses,  when  the  proof  is  evident  or  the 
presumption  great. 

21.  That  excessive  bail  shall  not  be  re- 
quired, or  excessive  fines  imposed,  nor  cruel 
and  unusual  punishments  inflicted. 

22.  That  the  privilege  of  the  writ  of 
habeas  corpus  can  not  be  suspended,  unless 
when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

23.  That  the  people  ought  to  be  secure 
in  their  persons,  papers,  houses,  and 
effects,  from  unreasonable  searches  and 
seizures;  and  no  warrant  to  search  any 
place,  or  seize  any  person  or  thing,  can 
issue,  without  describing  the  place  to  be 
searched,  or  the  person  or  thing  to  be  seized, 
as  nearly  as  may  be,  nor  without  probable 
cause,  supported  by  oath  or  affirmation. 

24.  That  no  person  can,  for  an  indictable 
offense,  be  proceeded  against  criminally 
by  information,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the 
militia,  when  in  actual  service  in  the  time  of 
war  or  public  danger,  or,  by  leave  of  court, 
for  oppression  or  misdemeanor  in  office. 

25.  That  treason  against  the  State  can 
consist  only  in  levying  war  against  it,  or 
in  adhering  to  its  enemies,  giving  them  aid 
and  comfort. 

26.  That  no  person  can  be  attainted  of 
treason  or  felony  by  the  General  Assembly; 
that  no  conviction  can  work  corruption  of 
blood;  that,  there  can  be  no  forfeiture  of 
estate  for  any  crime,  except  treason,  and 
that  the  estates  of  such  persons  as  may 
destroy  their  own  lives  shall  descent  or  vest 
as  incases  of  natural  death. 

27.  That   the    free   communication  ol 


119 


thoughts  and  opinions  is  one  of  the  invalu- 
able rights  of  man,  and  that  every  person 
may  freely  speak,  write,  and  print  on  any 
subject,  being  responsible  for  the  abuse  of 
that  liberty ;  that  in  all  prosecntions  for  libel, 
the  truth  thereof  may  be  given  in  evidence, 
and  the  jury  may  'determine  the  law  and 
facts,  under  the  direction  of  the  court. 

28.  That  no  ex  post  facto  law,  nor  law 
impairing  the  obligation  of  contracts,  or 
retrospective  in  its  operation,  can  be  passed. 

29.  That  imprisonment  lor  debt  can  not 
exist  in  this  State,  except  for  fines  or  penal- 
ties imposed  for  violation  of  law. 

30.  That  all  property  subject  to  taxation 
ought  to  be  taxed  in  proportion  to  its  value. 

31.  That  no  title  of  nobility,  or  hereditary 
emolument,  privilege,  or  distinction  can  be 
granted . 

32.  That  the  military  is.  and  in  all  cases 
and  at  all  times  ought  to  be,  in  strict  sub- 
ordination to  the  civil  powers;  that  no 
soldier  can.  in  time  of  peace,  be  quartered 
in  any  house  without  the  consent  of  the 
owner:  nor  in  time  of  war,  but  in  such 
manner  as  may  be  prescribed  by  law,  nor 
can  anv  appropriation  for  the  support  of  an 

•  army  be  made  for  a  longer  period  than  two 
years. 

Mr.  Holland  moved  to  refer  the  article  on 
Declaration  of  Rights,  as  offered  by  Mr. 
Bush ,  and  the  substitute  for  the  same,  offered 
by  Mr.  Smith  of  Worth,  to  a  select  commit- 
I  tee  of  nine. 

Pending  which,  Mr.  Weatherby  offered 
the  following  resolution : 

Resolved,  That  the  Committee  on  Accounts 
be  instructed  to  audit  and  pay  in  full  the 
members  and  employees  of  this  Convention 
first,  out  of  the  funds  on  hand,  and  arrange 
the  bills  of  contingent  expenses  afterward. 

Which  was  agreed  to . 

Mr.  Fletcher  moved  that  the  Convention 
adjourn  till  half-past  9  o'clock  on  Monday 
morning  next . 

The  motion  was  withdrawn  to  enable  Mr. 
Weatherby  to  ask  leave  of  absence  for 
himself  for  ten  days.  Leave  of  absence  was 
so  granted . 

The  motion  to  adjourn  till  Monday  morn- 
ing was  then  renewed,  and  Mr.  Holland 
demanded  the  ayes  and  noes  thereon,  which 
being  taken,  the  vote  stood  as  follows: 

Ayes — Messrs.  Bedford,  Davis  of  Xew 
Madrid,  Evans,  Fletcher,  Folmsbee.  Gam- 
ble, Gilstrap,  Harris,  Henderson,  Holcomb, 
Leonard,  McKernan,  Morton,  Rohrer,  and 
Weatherby — 15. 

Noes — Messrs.  Bonham,  Bush,  Clover, 
Davis  of  Nodaway,  Dodson,  D'Oench, 
Drake.  Esther,  Filley,  Foster,  Fulkerson, 
Gilbert  of  Lawrence,  Green,  Holds  worth, 
Holland,  Hume,  Husmann,  King,  Linton, 


McPherson.  Mack.  Xewgent.  Peck.  Rankin, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen.  Thilenius.  Williams  of 
Scotland,  and  Mr.  President — 32. 

Sick — Messrs.  Childress.  Cowden.  Meyer, 
and  Mitchell— 4. 

Absent  with  Leave — Messrs.  Adams, 
Barr.  Bunce,  Ellis,  Gilbert  of  Platte.  Gram- 
mer.  Hughes,  Martin,  Nixdorf,  Owens,  and 
Williams  of  Caldwell— 11. 

Absent  without  Leave — Messrs.  Budd, 
St.  Gem,  and  Switzler— 3. 

So  the  motion  to  adjourn  till  Monday  was 
rejected. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M. 


AF  TERXOOX  SESSION . 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Holland  called  up  his  resolution  to 
refer  the  article  on  Declaration  of  Rights, 
and  Mr.  Smith's  substitute  therefor,  to  a 
special  committee  of  nine:  and  the  question 
being  on  the  passage  of  the  same,  he  de- 
manded the  ayes  and  noes  thereon,  which 
being  taken,  the  vote  stood  as  follows: 

Ayes— Messrs.  Bedford,  Childress,  Dod- 
son, Foster,  Gilbert  of  Lawrence,  Gilstrap, 
Green.  Holcomb.  Holland,  Leonard,  Mor- 
ton, and  Mr.  President — 12. 

Noes — Messrs.  Bonham,  Clover,  Davis  of 
Nodaway,  Drake,  Esther,  Folmsbee,  Ful- 
kerson. Gamble.  Holdsworth,  Hume.  King, 
McPherson,  Mack.  Xewgent,  Peck,  Rankin, 
Smith  of  Mercer.  Smith  of  Worth,  Strong, 
Swearino-en.  Weatherby,  and  Williams  of 
Scotland— 22. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Gram- 
mer,  Hughes,  Martin.  Xixdorf.  Owens,  and 
Williams  of  Caldwell— 11. 

Absent  without  Leave — Messrs.  Budd, 
Davis  of  New  Madrid,  D'Oench.  Evans, 
Filley,  Fletcher,  Harris,  Henderson,  Hus- 
mann,  Linton,  McKernan,  Rohrer.  St.  Gem, 
Sutton.  Switzler  and  Thilenius — 16. 

Sick— Messrs.  Cowden,  Meyers  and  Mitch- 
ell—3. 

So  the  resolution  was  rejected. 

Mr.  Clover  moved  that  the  Sergeant-at- 
arms  he  required  to  bring  in  all  members 
absent  without  leave.    Agreed  to. 

Mr.  Drake  offered  the  following  addi- 
tional rule : 

When  a  quorum  is  present  a  call  of  the 
house  shall  not  be  ordered  without  the  con- 
currence of  at  least  ten  members . 

Mr.  Clover  moved  that  the  rules  govern- 
ing this  Convention  be  suspended,  so  that 


120 


the  additional  rule  offered  by  Mr.  Drake 
could  be  acted  upon.  The  motion  was  with- 
drawn . 

Mr.  Bonham  moved  that  further  proceed- 
ings under  the  call  be  suspended,  which  was 
agreed  to. 

Mr.  Drake  moved  that  the  additional  rule 
offered  by  him  be  adopted,  which  motion 
was  agreed  to . 

Mr.  Clover  moved  a  call  of  the  house, 
which  motion  was  sustained,  and  the  follow- 
ing members  responded  to  their  names : 

Messrs.  Bedford,  Bonham,  Budd,  Bush, 
Clover,  Davis  of  New  Madrid,  Davis  ot 
Nodaway,  Dodson,  D'Oench,  Drake,  Esther, 
Filley,  Folmsbee,  Foster,  Fulkerson,  Gam- 
ble, Gilbert  of  Lawrence,  Gilstrap,  Green, 
Harris,  Henderson,  Holcomb,  Holds  worth, 
Holland.  Hume,  Husmann,  King,  Leonard, 
McKernan,  McPherson,  Mack,  Morton, 
Newgent,  Peck,  Smith  of  Mercer,  Smith 
of  Worth,  Strong,  Sutton,  Swearingen, 
Switzler,  Thilenius,  Weatherby,  and  Mr. 
President — 43. 

Absent  with  Leave —  Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Gram- 
mer,  Hughes,  Martin,  Nixdorf,  Owens,  and 
Williams  of  Caldwell— 11. 

Absent  without  Leave — Messrs.  Evans, 
Fletcher,  Linton,  Pankin,  Rohrer,  St.  Gem, 
and  Switzler— 7. 

Sick— Messrs.  Childress,  Cowden,  Meyer, 
and  Mitchell— 4.  • 

Mr.  Folmsbee  moved  the  suspension  of 
further  proceedings  under  the  call  of  the 
house . 

Mr.  Clover  called  for  the  ayes  and  noes 
thereon,  which  being  taken,  the  vote  stood 
as^follows: 

Ayes — Messrs.  Bonham,  Budd,  Davis  of 
New  Madrid,  Drake,  Filley,  Folmsbee, 
Fulkerson,  Harris,  Henderson,  Holdsworth, 
Hume,  King,  McPherson,  Peck,  Rankin, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Weatherbjr,  and  Wil- 
liams of  Scotland — 22. 

Noes — Messrs.  Bedford,  Bush,  Clover, 
Davis  of  Nodaway,  Dodson,  D'Oench,  Es- 
ther, Foster,  Gamble,  Gilbert  of  Lawrence, 
Gilstrap,  Green,  Holcomb,  Holland,  Hus- 
mann, Leonard,  McKernan,  Mack,  Morton, 
Newgent,  Thilenius,  and  Mr.  President — 22. 

Absent  with  Leave  — Messrs.  Adams, 
Barr,  Bnnce,  Ellis,  Gilbert  of  Platte,  Gram- 
mer,  Hughes,  Martin,  Nixdorf,  Owens, 
and  Williams  of  Caldwell— 11. 

Absent  without  Leave — Messrs.  Evans, 
Fletcher.  Linton,  Pohrer,  St.  Gem,  and 
Switzler— 6. 

Sick — Messrs.  Childress,  Cowden,  Meyer, 
and  Mitchell— 4. 

So  the  motion  was  lost. 


The  Sergeant-at-arms  reported  Mr.  Lin- 
ton present  and  under  arrest. 

On  motion  of  Mr.  Folmsbee,  Mr.  Linton 
was  excused. 

Mr.  Drake  moved  to  suspend  further  pro- 
ceedings under  the  call  of  the  house. 

Mr.  Husmann  demanded  the  ayes  and 
noes,  which  being  taken,  the  vote  stood  as 
follows: 

Ayes — Messrs.  Bonham,  Budd,  Davis  of 
Nodaway,  Drake,  Filley,  Folmsbee,  Fulker- 
son, Gamble,  Harris,  Henderson,  Holds- 
worth,  Holland,  Hume,  King,  McPherson, 
Peck,  Eankin,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Weatherby,  Williams 
of  Scotland,  and  Mr.  President — 24. 

Noes — Messrs.  Bedford,  Bush,  Clover, 
Davis  of  New  Madrid,  Dodson,  D'Oench, 
Esther,  Foster,  Gilbert  of  Lawrence,  Gil- 
strap, Green,  Holcomb,  Husmann,  Leonard, 
Linton,  McKernan,  Mack,  Morton,  New- 
gent, Smith  of  Mercer,  and  Thilenius — 21. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  G ram- 
mer, Hughes,  Martin.  Nixdorf,  Owens, 
and  Williams  of  Caldwell— 11. 

Absent  without  Leave.— Messrs.  Evans, 
Fletcher,  Rohrer,  St.  Gem,  and  Switzler — 5. 

Sick — Messrs.  Childress,  Cowden,  Meyer, 
and  Mitchell — 4. 

So  the  motion  to  suspend  was  agreed  to. 

Mr.  Drake  offered  the  following  amend- 
ment to  section  third  of  the  substitute : 

Amend  section  third  by  striking  out  the 
words  4 'or  be  hindered  in  acquiring  educa- 
tion, as  shall  be  provided  by  law. ' ' 

Mr.  Green  offered  the  following  substi- 
tute for  section  third  of  the  original  article 
and  amendment  thereto : 

Sec.  3.  That  no  person  can,  on  account  of 
color,  be  disqualified  as  a  witness,  or  be 
liable  to  any  other  punishment  for  any 
offense  than  that  imposed  upon  others  for  a 
like  offense;  or  be  subjected,  in  law,  to  any 
other  restraints  or  disqualifications,  in  regard 
to  any  personal  rights,  than  such  as  are  laid 
upon  others  under  like  circumstances. 

Mr.  Gilstrap  demanded  the  previous 
question,  which  was  sustained. 

The  main  question  having  been  ordered, 
which  was,  "Shall  the  substitute  of  Mr. 
Green  be  adopted  ?"  Mr.  Bush  demanded 
the  ayes  and  noes,  and  they  being  taken, 
the  vote  stood  as  follows : 

Ayes— Messrs.  Bedford,  Bush,  Clover, 
Davis  of  New  Madrid,  D'Oench,  Drake, 
Foster,  Green,  Henderson.  Holcomb, 
Holdsworth,  Holland,  Husmann,  King, 
Leonard,  Linton,  McKernan,  Pohrer,  St. 
Gem,  Thilenius,  and  Mr.  President— 21 . 

Noes— Messrs.  Bonham,  Budd,  Davis  of 
Nodaway,  Dodson,  Esther,  Filley,  Folms- 


121 


bee,  Fulkersou,  Gamble,  Gilbert  of  Law- 
rence, Gilstrap,  Harris.  Hume,  McPherson, 
Mack.  Morton.  Newgent,  Peck,  Rankin, 
Smith  of  Mercer,  Smith  of  Worth,  Strong-, 
Sutton,  Swearing-en,  Switzler,  Weatherby. 
and  Williams  of  Scotland— 27. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Gilbert  of  Platte,  Gram- 
mer,  Hughes.  Martin,  Nixdorf,  Owens,  and 
Williams^  of  Caldwell— 11 . 

Absext  without  Leave — Messrs.  Evans 
and  Fletcher — 2. 

Sick— Messrs.  Childress.  Cowden,  Mej^er, 
and  Mitch  ell— 1. 

So  the  substitute  of  Mr.  Green  was  re- 
jected. 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Drake,  Mr.  Drake 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Bedford,  Bush,  Davis  of 
New  Madrid.  D'Oench,  Drake,  Foster,  Ful- 
kerson,  Green,  Harris,  Henderson,  Hol- 
comb,  Holland,  Hume,  Husmann,  King, 
Leonard.  Linton,  McKernan,  Morton, 
Rohrer,  St.  Gem,  Switzler.  Tliilenius,  and 
Mr.  Presidenl^-24. 

Noes — Messrs.  Bonham,  Budd,  Clover, 
Davis  of  Nodaway,  Dodson,  Esther.  Filley, 
Folmsbee,  Gamble,  Gilbert  of  Lawrence, 
Gilstrap.  Holds  worth.  McPherson,  Mack, 
Newgent.  Peck,  Rankin,  Smith  of  Mercer, 
Smith  of  Worth,  Strong .  Sutton,  Swearin- 
gen,  Weatherbv.  and  Williams  of  Scotland 
—24. 

Absext  with  Leave — Messrs.  Adams. 
Barr.  Bunce,  Ellis,  Gilbert  of  Platte, 
Grammer,  Husiies,  Martin.  Nixdorf. 
Owens,  and  Williams  of  Caldwell— 11. 

Absext  without  Leave — Messrs.  Evans 
and  Fletcher— 2. 


Sick — Messrs.  Childress,  Cowden.  Meyer, 
and  Mitchell — 1. 

So  the  amendment  was  rejected. 

The  question  then  being  on  the  pending 
amendment  offered  by  Mr.  Clover.  Mr. 
Stroxg  demanded  the  ayes  and  noes  thereon, 
which  being  taken,  the  vote  stood  as  fol- 
lows: 

Ayes — Messrs.  Bedford,  Bonham,  Budd, 
Bush.  Clover,  Davis  of  New  Madrid,  Dod- 
son, D'Oench,  Drake,  Esther,  Filley,  Fos- 
ter, Fulkerson.  Gilbert  of  Lawrence,  Gil- 
strap, Green.  Harris.  Henderson,  Holcomb, 
Holdsworth,  Holland,  King,  Leonard,  Lin- 
ton, McKernan,  McPherson.  Morton,  New- 
gent, Rohrer,  St.  Gem,  Thilenius,  and  Mr. 
President— 32. 

Noes — Messrs.  Davis  of  Nodaway,  Folms- 
bee, Gamble,  Hume,  Mack.  Peck",  Rankin, 
Smith  of  Mercer,  Smith  of  Worth.  Strong, 
Sutton,  Swearingen,  Switzler,  Weatherby, 
and  Williams  of  Scotland — 15. 

Absext  with  Leave  • — Messrs.  Adams, 
Barr,  Bunce.  Ellis,  Gilbert  of  Platte,  Gram- 
mar. Him-Iics.  Martin.  Xixdorf.  Owens,  and 
Williams  of  Caldwell— 11 . 

Absext  without  Leave — Messrs.  Evans, 
Fletcher,  and  Husmann — 3. 

Sick — Messrs.  Childress,  Cowden,  Mej^er, 
and  Mitchell— L 

So  Mr.  Clover's  amendment  was  adopted. 

Mr.  Foster  asked  leave  of  absence  for 
Mr.  Husmann  for  two  days,  which  was 
granted . 

Mr.  Budd  asked  to  be  excused  from  fur- 
ther duty  on  the  Engrossing  Committee;  on 
motion,  his  request  was  granted. 

On  motion,  the  Convention  adjourned  until 
Monday  morning  next  at  half-past  9  o '  clock . 


FORTY-THIRD  T3_A_Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair. 

Prayer  by  Rev.  Mr.  Osborne. 

Mr.  Drake  offered  the  following  addi- 
tional rule : 

When,  on  the  final  reading  of  any  arti- 
cle, the  question  shall  be  on  ordering  the 
same  to  be  enrolled  as  a  part  of  the  Consti- 
tution, the  question  shall  be  taken  on  each 
section  of  the  article  separately,  and  such 
sections  thereof  as  may  be  ordered  to  be 
enrolled  shall  be  referred  to  the  Enrollino- 
Committee,  without  a  question. 


MONDAY,  February  27th,  1S65. 

Which  was  laid  over  under  the  rules  gov- 
erning the  Convention. 

Mr.  Holcomb  offered  the  following  amend- 
ment to  section  third  of  the  article  on  Decla- 
ration of  Rights,  as  offered  by  Mi-.  Smith  of 
Worth : 

Strike  out  k '  as  shall  be  provided  by  law, ' ' 
in  sixth  line  of  section  third. 

Pending  which,  Mr.  Greex  offered  the 
following  substitute  for  section  third  of  the 
article  on  Declaration  of  Rights,  as  offered 
by  Mr.  Smith  of  Worth,  which  was  read: 


122 


Section  3.  That  no  person  can,  on  account 
of  color,  be  disqualified  as  a  witness,  or  be 
liable  to  any  other  punishment  than  that 
imposed  upon  others  for  like  offenses,  or  be 
subjected,  in  law,  to  any  other  restraints  or 
disqualifications  in  regard  to  any  personal 
rights  than  such  as  are  laid  upon  others 
under  like  circumstances;  but  this  section 
cannot  be  construed  so  as  to  prevent  the 
General  Assembly  from  providing,  by  law, 
for  the  education  of  colored  and  white  chil- 
dren in  separate  schools . 

Which  was  withdrawn  in  favor  of  an 
amendment  offered  by  Mr.  Smith  of  Worth, 
which  was  read : 

Add  to  section  third  the  following:  '  'that 
this  section  shall  not  be  so  construed  as  to 
prevent  the  General  Assembly  from  provid- 
ing separate  schools  for  persons  of  African 
descent. ' ' 

The  question  then  being  on  the  amend- 
ment, offered  by  Mr.  Holcomb,  to  section 
third,  the  amendment  was  agreed  to. 

Mr.  Mack  offered  the  following  as  a  sub- 
stitute for  an  amendment  to  section  third,  as 
offered  by  Mr.  Smith  of  Worth: 

That  no  person  can,  on  account  of  color, 
be  disqualified  as  a  witness,  or  be  prevented 
from  .contracting  for,  acquiring,  holding, 
and  transmitting  property,  or  be  hindered 
from  establishing  schools,  or  having  schools 
established  by  law,  or  by  their  own  means 
acquiring  education,  or  be  liable  to  any  other 
punishment  for  any  offense  than  that  im- 
posed upon  others  for  like  offense,  or  be 
restricted  in  the  exercise  of  religious  wor- 
ship, or  be  subjected,  in  law,  to  any  other 
constraints  or  disqualifications  in  regard  to 
personal  rights  than  such  as  are  laid  upon 
others  under  like  circumstances. 

The  question  then  being  on  the  substi- 
tute offered  by  Mr.  Mack  to  section  third, 
the  substitute  was  not  agreed  to. 

Mr.  Switzler  offered  the  following  as  a 
substitute  for  the  amendment  offered  by  Mr. 
Smith  of  Worth,  which  was  read: 

Insert  after  the  words  '  'like  circum- 
stances,'' in  the  eighth  line,  the  following: 
"•but  the  General  Assembly,  in  any  system 
it  may  establish  for  the  education  of  the 
colored  children  of  the  State,  shall  provide 
separate  schools  for  them. ' ' 

Which  amendment  was  not  agreed  to. 

The  question  then  being  on  the  adop- 
tion of  the  amendment  of  Mr.  Smith  of 
Worth,  Mr.  Drake  demanded  the  ayes  and 
noes  thereon,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Budd,  Clover,  Cowden, 
Davis  of  New  Madrid,  Esther,  Fulkerson, 
Gamble,  Gilstrap,  Green,  Harris,  Holcomb, 


Holclsworth,  Hughes,  Hume,  Mack,  New- 
gent,  Peck,  Rankin,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen,  Switzler, 
Weatherby,  and  Mr.  President — 25. 

Noes — Messrs.  Bonham,  Bush,  Davis  of 
Nodaway,  Dodson,  D'Oench,  Drake,  Evans, 
Filley,  Folmsbee,  Foster,  Gilbert  of  Law- 
rence, Henderson,  Holland,  King,  Leonard, 
Linton,  McKernan,  McPherson,  Morton, 
Owens,  Rohrer,  St.  Gem,  Smith  of  Mercer, 
and  Williams  of  Scotland — 24. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis,  Grammer,  Husmann, 
Martin ,  Nixdorf ,  and  Williams  of  Caldwell 
—9. 

Absent  without  Leave — Messrs.  Bed- 
ford, Fletcher,  Gilbert  of  Platte,  and 
Thilenius — 4. 

Sick — Messrs.  Childress,  Meyer,  and 
Mitchell— 3. 

So  the  amendment  of  Mr.  Smith  of  Worth 
was  agreed  to . 

Mr.  Green  offered  the  following  amend- 
ment : 

Amend  twelfth  section  by  striking  out  all 
after  the  word  '  'State, ' '  in  the  second  line, 
and  inserting  the  following  words:  "The 
General  Assembly  may  provide  for  the 
incorporation  of  religious  societies,  so  as 
to  enable  them  to  acquire,  hold  and  transfer, 
through  trustees  of  their  own  choosing,  such 
property  as  may  be  required  for  church 
buildings,  parsonages,  or  burial  grounds, 
and  for  no  other  purpose ; ' '  and  strike  out 
the  thirteenth  section. 

On  motion  of  Mr.  Smith  of  Mercer,  the 
Convention  adjourned  until  halt-past  2 
o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Owens  requested  to  be  relieved  from 
further  duty  on  the  Judiciary  Committee; 
and  on  motion,  he  was  so  relieved. 

On  motion  of  Mr.  Davis  of  New  Madrid, 
leave  of  absence  was  granted  to  Mr.  Bedford, 
on  account  of  sickness . 

The  amendment  offered  by  Mr.  Green,  to 
the  twelfth  and  thirteenth  sections  of  the 
Declaration  of  Rights,  was  called  up;  the 
question  being  first  upon  the  amendment  to 
the  twelfth  section,  Mr.  St.  Gem  demanded 
the  ayes  and  noes,  which  being  taken,  the 
vote  stood  as  follows : 

Ayes — Messrs.  Davis  of  New  Madrid, 
Gamble,  Green,  Harris,  Holcomb,  McKer- 
nan, Morton,  Owens,  Rohrer,  and  St.  Gem 
—10. 


$oes — Messrs.  Bonliam.  Clover.  Cowden, 
Davis  of  Nodaway,  Dodson,  Drake.  Esther, 
Evans.  Folmsbee.  Fulkerson,  Gilbert  of 
Lawrence,  Henderson,  Holland,  Hughes, 
Hume.  Kino-.  Leonard.  McPherson,  Mack. 
Newgent,  Peck.  Rankin.  Smith  of  Worth, 
Strong.  Sutton.  Swearingen.  Thilenius, 
Williams  of  Scotland,  and  Mr.  President 
—29. 

Absent  with  Leave — Messrs.  Adams, 
Barr.  Bunce.  Ellis.  Gilbert  of  Platte, 
Grammer,  Husniann,  Martin,  Xixdorf, 
AVeatherbv.  and  Williams  of  Caldwell 
—11. 

Absent  without  Leave — Messrs.  Budd, 
Bush.  D'Oench.  Filley,  Fletcher,  Foster. 
Gilstrap,  Hold-worth.  Linton.  Smith  of 
Mercer,  and  Switzler — 11. 

Sick— Messrs.  Bedford,  Childress,  Meyer, 
and  MitcheU-4. 

So  the  amendment  of  Mr.  Green  to  the 
twelfth  section  was  rejected. 

Mr.  Green  then  withdrew  that  part  of  his 
amendment  relative  to  section  thirteen. 

The  question  then  being  on  adopting  the 
substitute  of  Mr.  Smith  of  Worth  for  the 
article  on  Declaration  of  Eights,  offered  by 
Mr.  Bush,  Mr.  St.  Gem  demanded  the  ayes 
and  noes  thereon,  and  the  vote  being  taken 
stood  as  follows : 

Ayes — Messrs.  Bonham.  Clover.  Cowden, 
Davis  of  Nodaway.  Drake.  Esther,  Evans, 
Folmsbee.  Foster,  Fulkerson.  Gamble, 
Gilbert  of  Lawrence,  Green.  Henderson. 
Holland,  Hughes,  Hume,  King,  Leonard, 
3IcPherson.  Mack,  Morton,  Xewgent, 
Peck,  Rankin,  Rohrer,  Smith  of  Worth, 
Strong.  Sutton.  Swearingen,  and  Thilenius 
—31. 

Xoes — Messrs.  Davis  of  New  Madrid, 
Dodson,    Harris,    Holcomb,  McKernan, 


Owens,  St.  Gem,  Williams  of  Scotland,  and 
Mr.  President— 9. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Ellis.  Gilbert  of  Platte,  Gram- 
mar. Husmaun,  Martin.  Nixdorl  Weath- 
erby.  and  Williams  of  Caldwell — 11. 

Absent  without  Leave — Messrs.  Budd, 
Bush,  D'Oench.  Filley.  Fletcher,  Holds- 
worth,  Linton,  Smith  of  Mercer,  and  Switz- 
ler—10. 

Sick— Messrs.  Bedford,  Childress,  Meyer, 
and  Mitchell — 4. 

So  the  substitute  as  offered  by  Mr.  Smith 
of  Worth  was  adopted. 

Mr.  Strong  offered  the  following  amend- 
ment, which  was  read  and  agreed  to: 

Amend  section  nine  by  adding  after  the 
last  word  1  'State, ' '  the  words  '  'or  with  the 
rights  ot  others . ' ' 

On  motion  of  Mr.  Drake,  the  article  on 
Declaration  of  Rights  was  laid  on  the  table 
for  the  present. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole  to  consider  amendments  to  the  Con- 
stitution .  After  some  time  spent  therein  the 
President  resumed  the  chair,  and  Mr. 
Filley  reported  that  the  Committee  of  the 
Whole  had.  according  to  order,  had  under 
consideration  amendments  to  the  Constitu- 
tion, and  particularly  the  article  on  the 
Legislative  Department,  but  had  come  to  no 
resolution  thereon . 

On  motion  of  Mr.  Filley,  the  Convention 
adjourned  until  to-morrow  morning  at  half- 
past  9  o'clock. 


forty-fourth:  day. 


TUESDAY.  Febrruay  28th,  18G5. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  following  gentlemen  were  excused 
for  being  absent  yesterday  afternoon :  Messrs. 
D'Oench,  Holdsworth.  and  Linton. 

Mr.  Fletcher  was  excused  from  attendance 
on  yesterday,  on  account  of  sickness. 

On  motion  of  Mr.  Linton,  leave  of  ab- 
sence, for  one  day,  was  granted  to  the 
Sergeant-at-arms . 

Mr.  Gilbert  of  Lawrence  asked  for  leave 
of  absence  for  this  day.    Leave  granted. 


Mr.  Drake  called  up  the  additional  rule, 
offered  by  him  yesterday,  and  the  question 
being  on  its  adoption,  Mr.  Holland  de- 
;  mauded  the  ayes  and  noes  thereon,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham.  Cowden.  Davis 
of  Nodaway,  Drake.  Ellis,  Evans,  Folms- 
bee, Fulkerson,  Gilbert  of  Lawrence, 
Holdsworth.  King.  McPherson,  Mack.  Peck, 
Smith  of  Mercer.^  Strong,  Sutton,  and  Wil- 
liams of  Scotland — 18. 

Noes — Messrs.  Bush,  Davis  of  Xew  Ma- 
;  drid.  Dodson,  D'Oench.  Esther,  Fletcher. 


124 


Foster,  Gamble,  Gilbert  of  Platte,  Gilstrap, 
Green,  Harris,  Henderson,  Holcomb,  Hol- 
land, Hughes,  Hume,  Leonard,  Linton, 
McKernan,  Morton,  Newgent,  Owens, 
Rohrer,  St.  Gem,  Smith  of  Worth,  Swear- 
ingen,  Switzler,  and  Mr.  President — 29. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Grammer,  Martin,  Nixdorf, 
Weatherby,  and  Williams  of  Caldwell — 8. 

Absent  without  Leave — Messrs.  Budd, 
Clover,  Filley,  Husmann,  Rankin,  and  Thi- 
lenius — 6. 

Sick — Messrs.  Bedford,  Childress,  Meyer, 
and  Mitchell — 4. 
So  the  additional  rule  was  rejected. 

On  motion  of  Mr.  Owens,  the  Conven- 
tion adjourned  until  half-past  two  o'clock, 
P.  M. 


AFTERNOON  SESSION. 

Convention  met  X3ursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Bonham  moved  to  take  up  the  report 
of  the  Committee  on  Loyalty,  which  motion 
was  temporarily  withdrawn. 

Mr.  St.  Gem  asked  leave  of  absence  for 
six  days,  which  was  granted. 

Mr.  Foster  asked  leave  of  absence  for  this 
evening,  which  was  granted. 

Mr.  Owens  offered  the  following  resolu- 
tion : 

Resolved,  That  this  Convention  will  ad- 
journ sine  die  on  the  20th  day  of  March, 
1865. 

Mr.  Peck  offered  the  following  substitute 
therefor : 

Resolved,  That  this  Convention  adjourn 
sine  die  so  soon  as  our  work  is  done,  and 
well  done,  and  not  before. 

Which  was  decided  out  of  order. 

Mr.  Newgent  offered  the  following  amend- 
ment to  the  resolution  offered  by  Mr. 
Owens : 

Strikeout  "March  20,  1865,"  and  insert 
in  lieu  thereof,  April  1,  1865. ' ' 

On  which  Mr  Gilstrap  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Davis,  of  New  Madrid, 
Dodson,  Fletcher,  Foster,  Gilbert  of  Platte, 
Gilstrap,  Green,  Harris,  Hughes,  Linton, 
Newgent,  Owens,  St.  Gem  and  Switzler 
—14. 

Noes — Messrs.  Bonham,  Budd,  Clover, 
Cowden,  Davis  of  Nodaway,  Drake,  Ellis, 
Esther,  Evans,  Folmsbee,  Fulkerson,  Gam- 
ble,   Henderson,    Holcomb,  Holdsworth, 


Holland,  Hume,  Kino;,  Leonard,  McKernan, 
McPherson,  Mack,  Morton,  Peck,  Rankin, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Williams  of  Scotland, 
and  Mr.  President — 32. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Gilbert  of  Lawrence,  Gram- 
mer, Martin,  Nixdorf,  Weatherby,  and  Wil- 
liams of  Caldwell — 9. 

Absent  without  Leave — Messrs.  Bush, 
D'Oench,  Filley,  Husmann,  Rohrer,  and 
Thilenius — 6. 

Sick — Messrs.  Bedford,  Childress,  Meyer, 
and  Mitchell — 4. 

So  the  amendment  offered  by  Mr.  New- 
gent was  rejected. 

The  question  then  being  on  the  resolution 
offered  by  Mr.  Owens,  Mr.  Gilstrap  de- 
manded the  ayes  and  noes  thereon,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bush,  Davis  of  New  Ma- 
drid, D'Oench,  Fletcher,  Foster,  Gilbert  of 
Platte,  Gilstrap,  Green,  Harris,  Morton, 
Newgent,  Owens,  St.  Gem,  and  Switzler — 14. 

Noes — Messrs.  Bonham,  Budd,  Clover, 
Cowden,  Davis  of  Nodaway,  Dodson  Drake, 
Ellis,  Esther,  Evans,  *  Folmsbee,  Ful- 
kerson, Gamble,  Henderson,  Holcomb, 
Holdsworth,  Holland,  Hughes,  Hume, 
King,  Leonard,  Linton,  McKernan,  Mc- 
Pherson, Mack,  Peck,  Rankin,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen,  Williams  of  Scotland,  and  Mr. 
President— 34. 

Absent  with  Leave  —  Messrs.  Adams, 
Barr,  Bunce,  Gilbert  of  Lawrence,  Gram- 
mer, Martin,  Nixdorf,  Weatherby,  and  Wil- 
liams of  Caldwell — 9. 

Absent  without  Leave — Messrs.  Filley, 
Husmann,  Rohrer,  and  Thilenius — 4. 

Sick — Messrs.  Bedford,  Childress,  Meyer, 
and  Mitchell — 4. 

So  the  resolution  wTas  rejected. 

On  motion  of  Mr.  Owens,  the  report  of 
the  Committee  on  Loyalty  was  made  the 
special  order  of  the  day  for  to-morrow. 

On  motion  of  Mr.  Gilstrap,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  take  under  consideration  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Bonham  reported  that  the 
Committee  of  the  Whole  had,  according  to 
order,  had  under  consideration  amendments 
to  the  Constitution,  and  particularly  the  arti- 
cles on  the  Legislative  Department  and  the 
Executive  Department,  but  had  come  to  no 
resolution  thereon. 

On  motion  of  Mr.  Green,  the  Convention 
adjourned  until  half-past  9  o'clock  to- 
morrow morning. 


FORTY-FIFTH  DAT. 

WEDNESDAY,  March  1st.  1865. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair. 

Prayer  by  He  v.  Mr,  McCook. 

On  request  of  Mr.  Husmann,  he  was  ex- 
cused for  being  absent  yesterday. 

The  special  order  for  the  day  being  the 
report  of  the  Committee  on  Loyalty-  of  Meni- 
.  bers,  the  case  of  Thomas  B.  Harris  was 
taken  up. 

Pending  which.  Mr.  Foster  offered  the 
following  resolution : 

Resolved.  That  that  portion  of  the  report 
of  the  Committee  on  Loyalty  of  Members 
contained  in  these  words,  to-wit  —  •  'The- 
Committee  on  Loyalty  of  3Iembers  beg  leave 
to  report  that  they  have  had  under  consid- 
eration the  case  of  Thomas  B.  Harris,  of 
Callaway  county,  and  are  of  the  opinion  that 
he  is  disloyal"— be  adopted. 

Pending  which.  Mr,  Linton  offered  the 
following,  as  a  substitute: 

Resolved.  That  facts  in  the  case  of  T.  B. 
Harris,  Esq.,  charged  with  disloyalty,  do 
not  justify  his  expulsion  from  this  body. 

Mr.  Owens  offered  the  following: 

Resolved,  That  this  Convention  may.  with 
the  concurrence  of  two-thirds  of  its  mem- 
bers, expel  a  member;  but  no  member  shall 
,  be  expelled  a  second  time  for  the  same 
offense. 

Mr.  Bonham  offered  the  following  amend- 
1  ment    to  the  resolution   offered  by  Mr. 
Owens  : 

Amend  by  striking  out  the  word  "two- 
thin  Is,  ' '  and  insert  •  -  majority  of  the  mem- 
bers elected  to  this  Convention .  * " 

On  which  Mr.  Boxham  demanded  the  ayes 
and  noes,  and  the  vote  being  taken  stood 
as  follows : 

Ayes — Messrs.  Bonham,  Bush.  Clover. 
Davis  of  Nodaway,  Dodson.  Drake,  Ellis. 
Filley,  Fletcher.  Folrnsbee.  Foster.  Fuiker- 
son,  Gilbert  of  Lawrence.  Henderson,  Hol- 
comb.  Holdsworth.  Holland.  Hume.  Leon- 
ard. McKernan.  McPherson,  Peck.  Eankin, 
Smith  of  Mercer,  Strong.  Sutton,  Thilenius. 
and  Williams  of  Scotland— 28. 

Noes— Messrs.  Bedford,  Childress.  Cow- 
den,  Davis  of  New  Madrid.  D'Oench.  Esther. 
Gamble,  Gilbert  of  Platte.  Gilstrap.  Green, 
Hughes.  Husmann,  King.  Linton,  Mack. 
Morton,  Newgent.  Owens,  Ptohrer.  St. Gem. 
Smith  of  Worth,  Swearin^en,  Switzler.  and 
Mr.  President— 24. 


Absent  with  Leave  —  Messrs.  Adams, 
Barr.  Bunce.  Grammer.  Martin.  Nixdorf, 
Weatherby.  and  Williams  of  Caldwell— 8. 

Absent  without  Leave — Messrs.  Budd 
and  Evans — 2. 

Sick — Messrs.  Meyer  and  Mitchell — 2. 

Excused  from  Voting  —  Mr.  Harris— 1. 

So  the  amendment  offered  by  Mr.  Bonham 
was  adopted. 

The  question  then,  being  on  the  original 
resolution  as  amended.  Mr.  St.  Gem  de- 
manded the  ayes  and  nays  thereon,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham.  Bush,  Childress, 
Clover.  Cowden,  Davis  of  Nodaway,  Dod- 
son. D'Oench,  Drake,  Ellis,  Filley,' Fletch- 
er, Folmsbee,  Foster,  Fulkerson^  Gamble. 
Gilbert  of  Lawrence.  Henderson,  Holcomb! 
Holdsworth.  Holland.  LIume.  King,  Leon- 
ard, Linton,  McKernan.  McPherson,  Mack, 
Newgent ._ Peck,  Eankin,  Smith  of  Mercer, 
Smith  of  Worth,  Strong,  Sutton,  Thilenius, 
Williams  of  Scotland,  and  Mr.  President — 38. 

Noes  —  Messrs.  Bedford.  Davis  of  New 
Madrid,  Esther,  Gilbert  of  Platte.  Gilstrap. 
Green,  Hughes,  Husmann.  Morton.  Owens, 
Pohrer,  St.  Gem,  Swearingen,  and  Switz- 
ler—14. 

Absent  with  Leave — Messrs.  Adams. 
Barr.  Bunce,  Grammer.  Martin.  Nixdorf, 
Weatherby,  and  Williams  of  Caldwell — 8. 

Absent*  without  Leave — Messrs.  Budd 
and  Evans — 2 . 

Sick — Messrs.  Meyer  and  Mitchell — 2. 

Excused  from  Voting  —  Mr.  Harris  —  1. 

So  the  original  resolution,  as  amended,  was 
adopted. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  2  o'clock  P.M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  Vice  President  in  the  chair. 

A  call  of  the  house  being  ordered,  the 
following  gentlemen  responded  to  their 
names: 

Messrs.  Bonham.  Budd.  Childress,  Cow- 
den, Davis  of  New  Madrid,  Davis  of 
Nodaway,  Dodson.  D'Oench.  Drake.  Esther, 
Fletcher.  Folmsbee,  Foster.  Gamble,  Gilbert 
of  Lawrence,  Gilbert  of  Platte.  Gilstrap. 
Green,  Harris,  Henderson,  Holdsworth. 
Holland,  Hughes,  Hume,  Husmann,  King, 
Leonard.  Linton.  McKernan,  McPherson, 
Mack,   Morton.  Newgent,  Owens,  Peck, 


126 


Rankin,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen,  Switzler,  and 
Thiamins— 43. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Grammer,  Martin,  Nixdorf, 
St.  Gem,  Weatherby,  and  Williams  of 
Caldwell— 9. 

Absent  without  Leave — Messrs.  Bed- 
ford, Bush,  Clover,  Ellis,  Evans,  Filley, 
Fulkerson,  Hoi  comb,  Eohrer,  Williams  of 
Scotland,  and  Mr.  President — 11. 

Sick — Messrs.  Meyer  and  Mitchell — 2. 

On  motion  of  Mr.  Holland,  further  pro- 
ceedings under  the  call  were  dispensed  with. 

On  request  of  Mr.  Green,  leave  of  absence 
was  granted  to  him  for  days. 

Mr.  Gamble  offered  the  following  reso- 
lution : 

Resolved,  That  Thos.  B.  Harris  be  permit- 
ted to  employ  counsel  in  his  defense. 

Mr.  Foster  offered  the  following  amend- 
ment to  said  resolution : 

Amend  by  adding,  '  'and  that  the  Conven- 
tion may  employ  a  prosecuting  attorney." 

After  debate,  Mr.  Gamble  withdrew  his 
resolution . 

On  motion  of  Mr.  Foster,  the  rule 
governing  the  Convention,  confining  its 
members  to  fifteen  minutes'  time  each  in 
speaking,  was  suspended  for  the  special 
benefit  of  Mr.  Harris. 

On  motion  of  Mr.  Krekel,  the  fifteen- 
minute  rule  was  suspended  during  the 
consideration  of  Mr.  Harris'  case. 

Mr.  Drake  offered  the  following  resolu- 
tion: 

Resolved,  That  the  case  of  Mr.  Harris  be 
recommitted  to  the  select  committee,  with 
authority  to  receive  additional  evidence  for 
and  against  him,  and  with  instructions  to 
report  such  additional  evidence  at  as  early  a 
day  as  practicable;  and  that  Mr.  Harris  have 


notice  of  the  time  and  place  of  taking 
evidence  against  him. 

Mr.  Bush  moved  that  the  case  of  Mr. 
Harris  be  postponed  indefinitely;  wrhich 
motion  he  modified  by  striking  out  the  word 
'  'indefinitely, ' '  and  inserting  in  lieu  thereof, 
'  'the  4th  clay  of  July  next. ' ' 

Pending  which,  Mr.  Gilbert  of  Lawrence 
moved  that  the  Convention  adjourn;  on 
which  motion,  Mr.  Drake  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes — Messrs,  Budd,  Childress,  D'Oench, 
Ellis,  Esther.  Foster,  Fulkerson,  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Henderson, 
Holland,  Hughes,  Husmann,  Mack,  Peck. 
Rankin,  Rohrer,  Strong,  Sutton,  Swearin- 
gen,  Switzler,  and  Thilenius — 22. 

Noes — Messrs.  Bush,  Cowden,  Davis  of 
New  Madrid,  Davis  of  Nodaway,  Dodson, 
Drake,  Folmsbee,  Gamble,  Gilstrap,  Hol- 
coinb,  Holds  worth,  Hume,  King,  Leonard, 
Linton,  McPherson,  Morton,  Newgent, 
Owens,  Smith  of  Mercer,  Smith  of  Worth, 
and  Mr.  President — 22. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Bunce,  Grammer,  Green,  Martin. 
Nixdorf,  St.  Gem,  Weatherby,  and  Williams 
of  Caldwell— 10. 

Absent  without  Leave — Messrs.  Bed- 
ford, Clover,  Evans,  Fletcher,  and  Williams 
of  Scotland— 7. 

Sick — Messrs.  Bonham,  Mever,  and 
Mitchell— 3. 

Excused— Mr.  Harris— 1. 

So  the  motion  was  rejected. 

Mr.  Owens  moved  that  all  evidence  in  the 
Harris  case,  not  properly  attested,  should,  by 
common  consent  of  the  Convention,  be  con- 
sidered as  properly  attested;  which  motion 
was  disagreed  to. 

On  motion  of  Mr.  Foster,  the  Convention 
adjourned  until  half- past  9  o'clock  to-mor- 
row mornin°\ 


FORTY-SIXTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  Vice  President  in  the  chair. 

On  request  of  Mr.  Krekel,  he  was  ex- 
cused for  being  absent  yesterday  at  roll  call. 

Mr.  Holdsworth  was  also  excused. 

Mr.  Evans  was  excused  for  being  absent 
yesterday  afternoon ,  on  account  of  sickness. 

Mr.  Krekel  moved  to  reconsider  the  vote 


THUPSDAY,  March  2d,  1865. 

by  which  the  resolution  relative  to  expelling 
members  was  adopted  yesterday;  which 
motion  was  withdrawn . 

Mr.  Husmann  asked  leave  of  absence  for 
Mr.  Bush  for  this  day.  Avhich  wras  granted. 

Mr.  Pohrer  asked  leave  of  absence  for 
Mr.  Esther  for  ten  days,  on  account  of 
sickness  in  his  family ,  which  was  granted . 


127 


!  Mr .  Martin  asked  that  the  leave  of  absence  | 
granted  to  the  Sergeant-at-arnis  be  extended 
indefinitely,  on  account  of  extreme  sickness 
in  his  family,  which  was  agreed  to. 
{  The  motion  of  Mr.  Drake  to  recommit 
'the  evidence  in,  and  the  motion  of  Mr. 
Bush  to  postpone,  the  case  of  Mr.  Harris, 
made  on  yesterday  afternoon,  were  called 
up. 

Mr.  Clover  asked  for  leave  of  absence 
*  for  this  forenoon,  which  was  granted. 

The  question  then  being  on  postponing 
further  proceedings  in  the  Harris  case  until 
July  4,  1865,  Mr.  Holland  demanded  the 
;  ayes  and  noes  thereon ,  and  the  vote  being 
taken,  stood  as  follows: 

Ayes — Messrs.   Davis  of  New  Madrid, 
Gamble,  King,  Linton,  and  Owens — 5. 

Noes— Messrs.  Bonham,  Budd,  Bunce, 
Childress,  Clover,  Cowden,  Davis  of  Noda- 
way, Dodson,  D'Oench,  Drake,  Ellis, 
Esther,  Evans,  Filley,  Folnisbee,  Foster, 
Fulkerson,  Gilbert  of  Lawrence, ,  Gilbert  of 
Platte,    Gilstrap,    Henderson,  Holcomb, 

I  Holds  worth,.  Holland,  Husmann,  Leonard, 
McKernan,  McPherson,  Mack,  Martin, 
Morton,  Newgent,  Peck,  Rankin,  Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen,  Switzler,  Thilenius, 
Williams  of  Scotland,  and  Mr.  President 

j— 44.. 

Absent  with  Leave —  Messrs.  Adams, 
Barr,  Bush,  Gramnier,  Green,  Nixdorf,  St. 
Gem,  Weatherby,  and  Williams  of  Cald- 
well—9. 

Absent  without  Leave— Messrs.  Bed- 
ford, Fletcher,  Hughes,  and  Hume — 1. 
Sick — Messrs.  Meyer  and  Mitchell — 2. 
Excused  from  Voting — Mr.  Harris  —  1. 

So  the  motion  to  postpone  was  disa- 
greed to. 

Mr.  Budd  requested  leave  of  absence  for 
this  day,  which  the  Convention  refused  to 
grant. 

Mr.  Owens  offered  the  following  as  a  sub- 
stitute for  Mr .  Drake's  resolution: 

Resolved,  That  the  case  of  Mr.  Harris  be 
recommitted  to  the  select  committee,  with 
authority  to  receive  additional  evidence  for 
or  against  him;  and  that  they  shall  have 
power  to  send  for  persons  and  papers,  and 
they  shall  so  examine  the  witnesses  against 
the  accused,  and  permit  him  to  cross-exam- 
ine them  it  he  sees  fit,  and  they  shall  exam- 
ine all  witnesses  that  the  accused  may  bring 
before  them,  and  may  cross-examine  them, 
and  that  the  accused  may  be  heard,  before 
the  committee,  by  counsel. 

Pending  which,  on  request  of  Mr.  Budd, 
leave  of  absence  was  granted  him  for  this 
afternoon. 


Mr.  Holland  offered  the  following  as  an 
amendment  to  Mr.  Owens'  resolution: 

And  that  the  Committee  be  required  to 
report  as  soon  as  practicable. 

Which  amendment  was  accepted  by  Mr. 
Owens . 

On  motion,  the  Convention  adjourned 
I  until  half-past  2  o'clock,  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  pending  question  being  on  the  substi- 
tute offered  by  Mr.  Owens  for  the  resolution 
offered  by  Mr.  Drake,  Mr.  Holland  de- 
manded the  ayes  and  noes  thereon,  which 
being  taken,  the  vote  stood  as  follows: 

Ayes — Messrs.  Clover,  Gilbert  of  Platte, 
and  Switzler — 3. 

Noes — Messrs.  Bonham,  Bunce,  Chil- 
dress, Cowden,  Davis  of  Nodaway,  Dodson, 
Drake,  Ellis,  Esther,  Folnisbee,  Foster, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Henderson,  Holcomb,  Holdsworth,  Holland, 
Husmann,  King,  Leonard,  McKernan,  Mc- 
Pherson, Mack,  Morton,  Newgent,  Peck, 
Rankin,  Smith  of  Mercer,  Smith  of  Worth, 
Strong.  Sutton,  Swearingen,  Thilenius,  Wil- 
liams of  Scotland,  and  Mr.  President — 36. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Budd,  Bush,  D'Oench,  Evans,  Filley, 
Fletcher,  Grammer,  Green,  Nixdorf,  St. 
Gem,  Weatherby,  and  Williams  of  Cald- 
well—14. 

Absent  without  Leave — Messrs.  Bed- 
ford, Davis  of  New  Madrid,  Gilstrap,  Hughes, 
Hume,  Linton,  Martin,  Owens,  and  Rohrer 
—9. 

Sick — Messrs.  Meyer  and  Mitchell — 2. 
Excused  from  Voting— Mr.  Harris — 1. 

So  the  substitute  was  disagreed  to. 

The  question  then  being  on  Mr  Drake's 
resolution  to  recommit,  Mr.  Holland  de- 
manded the  ayes  and  noes  thereon,  and  the 
vote  being  taken  stood  as  follows: 

Ayes — Messrs,  Clover,  Cowden,  D'Oench, 
Drake,  Esther,  Evans,  Gamble,  Gilbert  of 
Platte,  Gilstrap,  King,  Linton,  Martin, 
Morton,  Owens,  Smith  of  Worth,  and 
Switzler— 16. 

Noes  —  Messrs.  Bonham,  Bunce,  Chil- 
dress, Davis  of  Nodaway,  Dodson,  Ellis, 
Folmsbee,  Foster,  Fulkerson,  Gilbert  of 
Lawrence,  Henderson,  Holcomb,  Holds- 
worth,  Holland,  Hughes,  Husmann,  Leon- 
ard, McKernan,  McPherson,  Mack,  New- 
gent, Peck,  Rankin,  Rohrer,  Smith  of  Mer- 
cer, strong,  Sutton,  Swearingen,  Thilenius, 
Williams  of  Scotland,  and  Mr.  President — 31. 


128 


Absent  with  Leave — Messrs.  Adams, 
Barr,  Budcl,  Bush,  Graminer,  Green,  Nix- 
dorf,  St.  Gem,  Weatherby,  and  Williams  of 
Caldwell— 10. 

Absent  without  Leave  —  Messrs.  Bed- 
ford, Davis  of  New  Madrid,  Filley,  Fletcher, 
and  Hume — 5. 

Sick— Messrs.  Meyer  and  Mitchell— 2. 

Excused  from  Voting — Mr.  Harris — 1. 

So  the  resolution  was  rejected. 

The  question  then  recurred  on  the  follow- 
ing resolution,  offered  by  Mr.  Foster  yes- 
terday : 

Resolved,  That  that  portion  of  the  report 
of  the  Committee  on  Loyalty  of  Members 
contained  in  these  words,  to- wit — 'kThe 
Committee  on  the  Loyalty  of  Members  beg 
leave  to  report  that  they  have  had  under  con- 
sideration the  case  of  Mr.  Thomas  B.  Har- 
ris, of  Callaway  county,  and  are  of  the 
opinion  that  he  is  disloyal" — be  adopted — 

And  for  which  Mr.  Linton  had  offered  the 
following  substitute : 

Resolved,  That  the  facts  in  the  case  of  T. 
B.  Harris,  Esq.,  charged  with  disloyalty, 
do  not  justify  his  expulsion  from  this  body — 

Mr.  Linton  withdrew  his  substitute,  and 
Mr.  Drake  offered  the  following  as  a  sub- 
stitute for  Mr.  Foster's  resolution,  which 
was  accepted  by  Mr.  Foster: 

Resolved,  That  the  seat  of  Thomas  B.  Har- 
ris, a  member  of  this  body,  be,  and  the 
same  is  hereby,  declared  vacant. 

Mr.  Owens  offered  the  following  resolu- 
tion : 


Resolved,  That  this  Convention  may,  with 
the  concurrence  of  a  majority  of  the  mem- 
bers elected  to  this  body,  declare  a  seat  of  a 
member  vacant  . 

A  call  of  the  house  was  ordered,  and  the 
following  gentlemen  responded  to  their 
names : 

Messrs.  Bonham,  Bunce,  Childress,  Clo- 
ver, Cowden,  Davis  of  New  Madrid,  Davis 
of  Nodaway,  Dodson,  D'Oench,  Drake, 
Ellis,  Esther,  Evans,  Filley,  Folmsbee, 
Foster,  Fulkerson,  Gamble/  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Gilstrap,  Har- 
ris, Henderson,  Holcomb,  Holdsworth, 
Holland,  Hughes,  Husmann,  King,  Leon- 
ard, Linton,  McKernan,  McPherson,  Mack, 
Martin,  Morton,  Newgent,  Owens,  Peck, 
Rankin,  Rohrer,  Smith  of  Mercer,  Smith  of 
Worth,  Strong,  Sutton,  Swearingen,  Switz- 
ler,  Thilenius,  Williams  of  Scotland,  and 
Mr.  President— 50. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  Budd,  Bush,  Graminer,  Green, 
Nixdorf,  St.  Gem,  Weatherby,  and  Wil- 
liams of  Caldwell— 10. 

Absent  without  Leave — Messrs.  Bed- 
ford, Fletcher,  and  Hume — 3. 

Sick — Messrs.  Meyer  and  Mitchell — 2. 

Mi-.  Peck  moved  a  suspension  of  further 
proceedings  under  the  call,  which  was 
agreed  to. 

Leave  of  absence  was  granted  to  Mr. 
Rohrer  for  one  day. 

On  motion  of  Mr.  Drake,  the  Convention 
adjourned  until  half-past  9  o  'clock  to-morrow 
morning. 


FORTY-SEVENTH  DAT. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  the  Rev.  Dr.  Post. 

The  following  additional  rule  was  offered 
by  Mr.  Drake: 

When  the  previous  question  shall  be 
moved ,  but  shall  not  be  demanded  by  two- 
thirds  of  the  members  present,  the  pending 
matter  shall  not  thereby  go  over  to  another 
day,  but  the  Convention  may  immediately 
proceed  with  the  matter,  as  if  the  previous 
question  had  not  been  moved. 

Mr.  Hume  was  excused  for  being  absent 
yesterday,  on  account  of  ^sickness. 

Mr .  Clover  moved  the  previous  question , 
on  which  motion,  Mr.  Owens  demanded  the 


FRIDAY,  March  3d,  1865. 

ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes — Messrs.  Bonham,  Budd,  Bunce, 
Childress,  Cowden,  Davis  of  Nodaway, 
Dodson,  Drake,  Ellis,  Evans,  Folmsbee, 
Foster,  Fulkerson,  Gamble,  Gilbert  of  Law- 
rence, Henderson,  Holcomb,  Holdsworth, 
Holland,  Hughes,  Hume,  Husmann,  King, 
Leonard,  Linton,  McKernan,  McPherson, 
Mack,  Martin,  Newgent,  Nixdorf,  Peck, 
Rankin,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen,  and  Williams 
of  Scotland— 39. 

Noes — Messrs.  Clover,  Davis  of  New  Ma- 
drid, Fletcher,  Gilbert  of  Platte,  Harris, 
Morton,  Owens,  Switzler,  and  Mr.  President 
—9. 

Absent  with  Leave  —  Messrs.  Adams, 


129 


Ban*.  Esther.  Grammer,  Green,  Rohrer, 
St.  Gem.  Weatherbv,  and  Williams  of  Cald- 
well—9. 

i  Absent  without  Leave — Messrs.  Bed- 
ford. Bush.  D'Oench,  Filler,  Gilstrap,  and 
Thilenius— 6. 

Sick— Messrs.  Meyer  and  Mitchell— 2. 

So  the  previous  question  was  sustained. 

The  question  then  being  on  the  additional 
?rule  offered  by  Mr.  Drake,  Mr.  Drake 
called  for  the  ayes  and  noes  thereon,  and  the 
(vote  being-  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Budd,  Bunce, 
Bush.  Childress,  Clover,  Cowden,  Davis  of 
Nodaway,  Dodson.  Drake,  Ellis,  Evans, 
Folmsbee.  Foster,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Henderson,  Holcomb, 
Holds  north.  Holland,  Hughes,  Hume, 
Husmann,  King,  Leonard.  Linton.  McKer- 
oan,  McPhersoh.  Mack,  Martin,  Xewgent, 
Nixdorf,  Peck.  Rankin,  Smith  of  Mercer \ 
Smith  of  Worth.  Strong,  Sutton,  Swearingen, 
and  Williams  of  Scotland — 11. 

Noes — Messrs.  Davis  of  New  Madrid, 
Gilbert  of  Platte.  Harris,  Owens,  Switzler, 
and  Mr .  President — 6 . 

Absext  with  Leave — Messrs.  Adams, 
Barr,  Esther,  Grammer,  Green.  Rohrer, 
St.  Gem.  Weatherby,  and  Williams  of 
Caldwell— 9. 

Absext  without  Leave — Messrs.  Bed- 
ford, D'Oench,  Filley,  Fletcher,  Gilstrap. 
Morton,  and  Thilenius— 7. 
'  Sick — Messrs.  Meyer  and  Mitchell — 2. 

So  the  additional  rule  was  adopted. 
Mr.  Holcomb  called  up  the  following 
•esolution,  offered  by  him  yesterday: 

.  Resolved,  That  the  Secretary  of  this  Con- 
tention be  allowed  ten  cents  for  each  and 
■very  hundred  words  and  figures  of  the 
)roceedings  of  this  Convention,  copied  on 
'he  journal,  and  that  he  be  paid  out  of  the 
mid  appropriated  to  defray  the  expenses  of 
his  body. 

To  which  Mr.  Drake  offered  the  following 
is  a  substitute : 

Resolved,  That  the  Secretary  of  this  Con- 
tention be  allowed,  after  the  final  adjourn - 
nent  of  the  Convention,  ten  cents  for  each 
jtindred  words  and  figures  of  the  journal  of 
his  body,  furnished  by  him  for  the  printing 
hereof. 

Which  was  adopted  as  a  substitute,  and 
tgreed  to , 

Mr.  Hughes  offered  the  following  resolu- 
ion: 

.  Resolved,  That  when  this  Convention  ad- 
ourns  on  Friday  afternoon.  March  3,  1865, 
t  adjourn  to  meet  in  the  Hall  of  Represen- 
atives  ot  Jefferson  Citv,  on  Tuesdav.  March 
at  10  o'clock  a.  m . 

Which  was  read,  and,  on  motion,  laid 
!)ver. 


A  communication  from  the  L  3-011  League 
of  Howard  county.  Missouri,  dated  Glasgow, 
Missouri.  February  26,  1S65.  denouncing 
the  acts  of  certain  persons,  and  relative  to, 
and  sustaining  the  action  of.  the  Missouri 
State  Convention,  signed  by  sixty  members, 
was  read  tor  information,  and  laid  on  the 
j  table. 

On  the  request  of  Mr.  Gilbert  of  Platte, 
leave  of  absence  was  granted  him  until 
Thursday  next. 

On  motion  of  Mr.  Foster,  the  Convention 
adjourned  until  half-past  2  o'clock  p.m. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Gilbert  of  Lawrence  moved  that  the 
Sergeant-at-arms  be  interrogated  by  Mr. 
Folmsbee  relative  to  certain  evidence  taken 
by  him  in  the  Harris  case:  which  motion  was 
withdrawn. 

The  resolution  offered  by  Mr.  Hughes, 
relative  to  the  adjournment  to  Jefferson  City, 
was  taken  up . 

Mr.  Owexs  offered  the  following  amend- 
ment thereto: 

And  that  the  members  shall  not  be 
entitled  to  per  diem  for  Saturday .  Sunday 
and  Monday,  nor  any  mileage  in  going  to 
or  returning  from  Jefferson  City . 

Mr.  Owexs  moved  the  previous  question, 
which  was  sustained. 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Owens  to  the  resolution 
of  Mr.  Hughes.  Mr.  Owexs  demanded  the 
ayes  and  noes  thereon,  which  being  taken, 
the  vote  stood  as  follows : 

Ayes — Messrs.  Bonham.  Budd.  Bunce, 
Childress,  Clover,  Cowden,  Davis  of  Noda- 
way, Folmsbee,  Gilbert  of  Lawrence.  Gilbert 
of  Platte,  Gilstrap,  Harris,  Hughes.  Linton, 
Mack.  Martin,  Owens,  Peck,  Rankin.  Smith 
of  Mercer.  Strong,  Switzler,  and  Williams 
of  Scotland— 23. 

Noes— Messrs.  Bush,  Dodson,  Drake, 
Ellis,  Evans,  Filley,  Foster,  Fulkerson, 
Gamble,  Henderson,  Holcomb,  Holdsworth, 
Holland.  Hume.  Husmann,  King,  McKernan, 
McPherson,  Meyer,  Morton.  Newgent,  Nix- 
dorf,  Rohrer,  Smith  of  Worth,  Sutton, 
Swearingen,  Thilenius,  and  Mr.  President 
—28. 

Absext  with  Leave --Messrs.  Adams, 
Barr,  Esther,  Grammer.  Green,  St.  Gem, 
Weatherbv.  and  Williams  of  Caldwell- -8. 

Sick— Mr.  Mitchell--!, 


130 


Absent  without  LEAVE—Messrs .  Bed- 
ford, Davis  of  New  Madrid,  D'Oench, 
Fletcher,  and  Leonard- -5. 

So  the  amendment  was  rejected. 

Mr.  Owens  moved  the  previous  question, 
on  which  he  demanded  the  ayes  and  noes; 
and  the  vote  being  taken ,  stood  as  follows : 

Ayes— Messrs.  Bonham,  Budd,  Bunce, 
Childress,  Clover,  Cowden,  Davis  of  Noda- 
way, Dodson,  Drake,  Ellis,  Evans,  Filley, 
Foimsbee,  Fulkerson,  Gamble,  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Gilstrap,  Har- 
ris, Henderson,  Holcomb,  Holdsworth, 
Hume,  King*,  McPherson,  Mack.  Martin, 
Meyer,  Morton,  Newgent,  Nixdorf,  Owens, 
Peck,  Rankin,  Smith  of  Mercer,  Strong. 
Sutton,  Switzler,  Williams  of  Scotland,  and 
Mr.  President-40. 

Noes— Messrs.  Bush,  Foster,  Holland, 
Hughes,  Husmann,  Linton,  McKernan, 
Rohrer,  Smith  of  Worth,  Swearingen,  and 
Thilenius — 11. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  D'Oench,  Esther,  Grammer,  Green, 
St.  Gem,  Weatherby,  and  Williams  of  Cald- 
well—9. 

Absent  without  Leave — Bedford,  Davis 
of  New  Madrid,  Fletcher,  and  Leonard— 4. 

Sick— Mi-.  Mitchell— 1. 

So  the  previous  question  was  sustained. 

The  question  then  being  on  the  resolution 
offered  by  Mr.  Hughes,  relative  to  adjourn- 
ing to  Jefferson  City,  Mr. Bonham  demanded 
the  ayes  and  noes  thereon,  and  the  vote 
being  taken,  stood  as  follows:' 

Ayes — Messrs.  Bunce,  Bush,  Davis  of 
New  Madrid,  Foster,  Gilbert  of  Lawrence, 
Gilstrap,  Holcomb,  Holland.  Hughes.  Hume, 
Husmann,   McKernan,   Nixdorf,  Rankin, 


Rohrer,  Smith  of  Worth,  Thilenius,  and 
Williams  of  Scotland— IS. 

Noes — Messrs.  Bonham,  Budd,  Childress, 
Clover,  Cowden,  Davis  of  Nodaway,  Dod- 
son, Drake,  Ellis,  Evans, .Filley,  Foimsbee, 
Fulkerson,  Gamble,  Gilbert  of  Platte,  Har- 
ris, Henderson,  Holdsworth.  King,  Linton, 
McPherson.  Mack,  Martin,  Meyer,  Morton, 
Newgent,  Owens,  Peck.  Smith  of  Mercer, 
Strong,  Sutton,  Swearingen,  Switzler,  and 
Mr.  President — 34. 

Absent  with  Leave — Messrs.  Adams, 
Barr,  D'Oeueh,  Esther.  Grammer,  Green, 
St  .  Gem,  Weatherby,  and  Williams  of  Cald- 
well—9. 

Absent  without  Leave — Messrs.  Bed- 
ford, Fletcher,  and  Leonard — 3. 

Sick— Mr.  Mitchell— 1. 

So  the  resolution  was  rejected. 

On  request  of  Mr.  Foster,  leave  of  ab- 
sence was  granted  him  for  two  days. 

On  request  of  Mr.  Strong,  leave  of  ab- 
sence was  granted  him  for  one  day. 

On  motion  of  Mr.  Drake,  the  invitation 
from  the  Mayor  of  St.  Louis  and  the  Cham- 
ber of  Commerce,  to  the  members  of  this 
Convention,  to  participate  in  the  celebration 
and  procession,  on  March  4,  1865,  was 
unanimously  accepted . 

On  request  of  Mr.  Evans,  leave  of  absence 
was  granted  him  for  three  days. 

On  request  of  Mr.  Bedford,  leave  of  ab-j 
sence  was  granted  him  for  ten  days,  on  ac- 
count of  sickness  in  his  family. 

On  motion  of  Mr.  Martin,  the  Conven-| 
tion  adjourned  until  half-past  9  o'clock, 
Monda}r  morning. 


FORTY-EIGHTH  DAY. 


The  Convention  met  pursuant  to  adjourn- 
ment, the  Vice  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Bradley. 

On  request  of  Mr.  Nixdorf,  leave  of  ab- 
sence was  granted  to  Mr.  McKernan.  for  two 
days. 

The  resolution  of  Mr.  Drake,  relative  to 
vacating  the  seat  of  Mr.  Thomas  B.  Harris, 
was  called  up . 

Mr.  Hughes  moved  the  previous  question, 
which  was  not  sustained;  and  the  Conven- 
tion proceeded  with  the  consideration  of  the 
pending  question. 

On  motion  of  Mr.  Switzler,  the  Conven- 
tion adjourned  until  half-past  2  o'clock  P.M. 


MONDAY,  March  6th,  18G5. 
AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair . 

Mr.  Linton  offered  the  following  substi 
tute  to  the  pending  resolution  of  Mr.  Drake 

Resolved,  That  Thomas  B.  Harris,  Esq., 
be,  and  he  is  hereby,  expelled  from  a  seat  iiji 
this  Convention. 

Mr.  Owens,  of  the  Committee  on  Judi 
ciary ,  offered  the  following  minority  report 

Mr.   President  —  The  undersigned, 
member  of  the  Committee  on  the  Judiciar 
Department,  beg  leave  to  report  that  fr 
dissents  from  the  report  of  the  majority  o 
the  committee,  and  he  hopes  the  Conven 


131 


tion  will  not  adopt  the  "ordinance' '  recom- 
mended  by  the  committee. 

J  AS.  W.  OWENS. 

1  Mr.  Drake  moved  the  previous  question, 
which  was  seconded,  and  the  main-question 
ordered,  and  under  the  operation  thereol  the  I 
Substitute  offered  by  Mr.  Linton  was  re-  : 
Ejected  by  the  following  vote: 

Ayes— Messrs.  Budd.  Childress.  Clover.  | 
Cowden,  Davis  of  New  Madrid,  D'Oench, 
Gamble,  Hughes,  Linton.  Mack.  Martin, 
'Morton.  Owens,  Switzler,  and  Mr.  Presi- 
dent—15. 

Xoes  —  Messrs.  Barr.  Bonliam,  Budd, 
Bunce.  Davis  of  Xodawav.  Dodson,  Drake, 
Ellis.  Fillev.  Fletcher,  Folmsbee.  Fulker- 
Ison.  Gilbert  of  Lawrence,  Henderson.  Hol- 
icomb.  Holdsworth.  Holland,  Hume.  King, 
-Leonard.  McPherson.  Xewgent.  Nixdorf, 
iPeck.  Rankin,  Ptohrer,  Smith  of  Mercer, 
Sutton.  Swearingen,  Thilenius,  and  Wil- 
liams ol  Caldwell— 31. 

Absent  with  Leave  — Messrs.  Adams, 
Bedford,  Esther.  Evans.  Foster.  Gilbert  of 
; Platte.  Grammer,  Green.  McKernan,  Smith 
of  Worth,  Strong,  and  Weatherby — 12. 

Absent  without  Leave— Messrs.  Hus- 
|mann,  Meyer,  St.  Gem,  and  Williams  of 
Scotland — 4. 

Sick— Mr.  Mitchell— 1 . 

Excused  from  Voting — Mr.  Harris — 1. 

Paired  Off— Messrs.  Gilstrap  and  Strong 
—2. 

A  call  of  the  house  was  then  ordered,  and 
the  following  gentlemen  responded  to  their 
names : 

Messrs.  Barr,  Bonham.  Budd.  Bunce, 
Bush,  Childress,  Clover,  CowdenJ  Davis  of 
.Xew  Madrid.  Davis  of  Xodawav.  Dodson, 
D'Oench,  Drake.  Ellis.  Filley,  Fletcher, 
Folmsbee.  Fulkerson.  Gamble,  Gilbert  of 
Lawrence.  Gilstrap.  Henderson.  Holcomb, 
Holdsworth,  Holland.  Hughes,  Hume,  King. 
Leonard.  Linton.  McPherson,  Mack.  M  Mr- 
tin.  Meyer,  Morton.  Xewgent.  Nixdorf, 
Owens,  'Peck,  Rankin,  Rohrer,  Smith  of 
Mercer.  Sutton.  Swearingen.  Switzler.  Thi- 
lenius, Williams  of  Caldwell,  and  Mr.  Presi- 
dent— 48. 

Absent  with  Leave — Messrs.  Bedford. 
Esther.  Evans,  Foster.  Gilbert  of  Platte. 
Grammer,  Green,  McKernan,  Smith  of 
Worth.  Strong,  and  Weatherby — 12. 

Absent  without  Leave — Messrs.  Har- 
ris. Husmann,  St.  Gem,  and  Williams  of 
Scotland— 4. 

Sick— Mr .  Mitchell— 1 . 

On  motion  of  Mr.  Drake,  further  pro- 
ceedings under  the  call  were  dispensed  with. 

The  question  then  being  on  the  resolution 
offered  by  Mr.  Drake,  as  amended,  to -wit: 

Resolved,  That  the  seat  of  Thomas  B.  Har- 
ris, a  member  of  this  body,  be  and  the  same 
is  hereby  vacated,  and  that  his  name  be 
struck  from  the  roll  of  the  Convention. 


Mr.  Owexs  demanded  the  ayes  and  noes, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes  — Messrs.  Barr,  Bonham.  Bunce, 
Davis  of  Nodaway.  Dodson.  Drake,  Ellis, 
Filley,  Fletcher,  Folmsbee,  Fulkerson,  Gil- 
bert/of  Lawrence,  Henderson,  Holcomb, 
Holdsworth.  Holland,  Hume.  Leonard,  Mc- 
Pherson, Xewgent.  Nixdorf,  Peck.  Rankin, 
Rohrer.  Smith  of  Mercer,  Sutton,  Swearin- 
gen, Thilenius.  Williams  of  Caldwell,  and 
Sir.  President— 30. 

Xoes — Messrs.  Budd.  Bush,  Childress, 
Clover,  Cowden,  Davis  of  Xew  Madrid, 
D'Oench,  Gamble,  Hughes,  King,  Linton, 
Mack,  Martin.  Morton,  Owens,  and  Switz- 
ler—16. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Esther,  Evans.  Foster,  Gilbert  of 
Platte.  Grammer,  Green.  McKernan,  Smith 
of  Worth,  Strong,  and  Weatherby — 12. 

Absent  without  Leave — Messrs.  Hus- 
mann. Meyer.  St.  Gem.  and  Williams  of 
Scotland — 4. 

Sick— Mr.  Mitchell— 1. 

Excused  from  Voting — Mr.  Harris — 1. 

Paired  Off— Messrs.  Gilstrap  and  Strong. 

The  Convention  refused  to  excuse  Mr. 
Gilstrap  from  voting,  on  account  of  having 
paired  off  with  Mr.  Strong,  who  was  then 
absent.  Mr.  Gilstrap  thereupon  refused  to 
vote. 

So  the  resolution  was  adopted. 

Mr.  Clover,  Chairman  of  the  special 
committee  to  which  was  referred  the  resolu- 
tion relative  to  the  St.  Gem  case,  presented 
the  following  report : 

The  speeial  committee  to  whom  was  re- 
ferred the  resolutions  respecting  the  case  of 
Gustavus  St.  Gem.  member  of  the  Conven- 
tion from  the  Twenty-third  Senatorial  Dis- 
trict, charged  with  the  utterance  of  certain 
declaration s  respecting  the  Convention,  at  a 
public  meeting  held  at  Turner  Hall,  in  the 
city  of  St.  Louis,  on  the  18th  day  of  Feb- 
ruary last,  respectfully  report: 

That  Mr.  St.  Gem.  having  emphatically 
disclaimed,  to  the  committee  as  well  as  to 
the  Convention,  any  offensive  or  disrespect- 
ful meaning  toward  the  Convention  in  the 
expressions"  made  use  of  by  him  on  the  oc- 
casion referred  to.  your  committee  recom- 
mend that  no  further  action  be  taken  in  the 
matter,  and  ask  to  be  discharged  from 
the  further  consideration  of  the  case. 

(Signed)  H.  A.  CLOVER, 

M.  L.  LLXTOX, 
J.  WILLIAMS , 

March  6,  1865.        A.  G.  XEWGEXT. 

On  motion  of  Mr.  Holland,  the  report, 
as  offered  by  Mr.  Clover,  was  received  and 
adopted. 

On  motion  of  Mr.  Holland,  the  Conven- 
tion adjourned  till  half-past  9  o'clock  to- 
morrow morning. 


132 


FORTY-NINTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  request  of  Mr.  Budd,  leave  of  absence 
was  granted  him  for  this  day. 

On  request  of  Mr.  Bush  leave  of  absence 
was  granted  to  Mr.  Husmann  for  two  days. 

On  motion  of  Mr.  Bush,  the  article  on 
Banks  and  Corporations  was  taken  up  and 
read  a  second  time  by  its  title. 

Mr.  Drake  moved  that  the  article  on  Banks 
and  Corporations  be  referred  to  the  Commit- 
tee of  the  Whole;  which  motion  was  dis- 
agreed to. 

On  motion  of  Mr.  Bush,  the  article  on 
Banks  and  Corporations  was  laid  over  tem- 
porarily. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole,  to  take  into  consideration  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Barr  reported  that  the  Com- 
mittee of  the  Whole  had,  according  to  order, 
had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article  on 
the  Executive  Power,  and  reported  the  same 
back  to  the  Convention,  with  amendments; 
also,  had  had  under  consideration  the  article 
on  the  Legislative  Department,  but  had  come 
to  no  resolution  thereon . 

Mr.  Linton  offered  the  following  preamble 
and  resolution : 

Whereas,  Several  articles  have  appeared 
in  a  daily  paper,  called  the  Missouri  Republi- 
can, of  this  city,  charging  with  disloyalty 
Messrs.  Newgent,  Fulkerson,  Holcomb  and 
Holland,  members  of  this  Convention; 

Resolved,  That  the  Special  Committee  on 
Loyalty  be  instructed  to  inquire  into  the  truth 
or  falsity  of  said  charges,  and  report  to  this 
body  at  as  early  a  day  as  possible. 

Mr.  Drake  moved  to  lay  on  the  table  the 
preamble  and  resolution  offered  by  Mr. 
Linton ;  on  which  motion  he  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Bonham,  Clover,  Cowden, 
Dodson,  Drake,  King,  McPherson,  Mack, 
Peck,  Sutton,  and  Williams  of  Scotland — 11. 

Noes — Messrs.  Barr,  Bunce,  Bush,  Chil- 
dress, Davis  of  Nodaway,  D'Oench,  Fulker- 
son, Gamble,  Gilbert  of  Lawrence,  Gilstrap, 


TUESDAY,  March  7th,  1865. 

Henderson,  Holcomb,  Holds  worth,  Holland,  jfi 
Hughes,  Hume,  Linton,  Morton,  Newgent, h 
Nixdorf,  Rankin,  St.  Gem,  Strong,  and  Mr. 
President — 24.  L 
Absent  with  Leave— Messrs .  Adams,  J cj 
Budd,  Esther,  Evans,  Foster,  Gilbert  of  L, 
Platte,  Grammer,  Green,  Husmann,  Mo-jrc 
Kern  an,  Smith  of  Worth,  and  Weatherby — 

Absent  without  Leave — Messrs.  Bed-  f 
ford,  Davis  of  New  Madrid.  Ellis,  Filley,  t0 
Fletcher,    Folmsbee,     Leonard,  Martin, 
Meyer,  Owens,  Rohrer,  Smith  of  Mercer, '  cc 
Swearingen,  Switzler,  Thilenius,  and  Wil- 
liams of  Caldwell — 16. 

Sick — Mr .  Mitchell — 1 . 

So  the  motion  was  rejected. 

On  motion  of  Mr.  Gilbert  of  Lawrence,  ' 
the  Convention  adjourned  until  half-past  2 
o'clock  P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Holland  offered  the  following  amend- 
ment to  the  resolution  of  Mr.  Linton: 

Strike  out  all  after  the  word  "charges,"  L 
in  ninth  line,  and  insert,   "and  that  the  ] 
committee  be  instructed  to  keep  the  following 
notice  in  the  Missouri  Republican  for  two  1 
weeks,  viz: 

4  'Any  person  knowing  any  act  or  word  of 
disloyalty  committed  or  spoken  by  Messrs.  1 
Newgent,  Fulkerson,  Holcomb  or  Holland, 
at  any  time  since  the  beginning  of  this  rebel-  • 
lion,  will  please  transmit  "the  evidence 
thereof,  under  oath,  to  the  undersigned 
committee  without  delay. ' ' 

And  the  committee  are  hereby  further 
instructed,  in  case  they  find  good  reasons  i 
for  suspecting  that  said  gentlemen,  or  any 
one  of  them ,  have  not  always  in  good  faith 
opposed  the  rebellion,  to  report  to  this  Conven- 
tion all  the  evidence  in  the  case.  And  the 
committee  are  further  instructed  that  state- 
ments under  oath  will  be  received  as  evidence 
for  and  against  the  accused. 

Mr.  Drake  moved  the  indefinite  postpone- 
ment of  Mr.  Linton's  resolution,  and  the  ' 
amendment  offered  by  Mr.   Holland;  on 
which  he  demanded  the  ayes  and  noes,  and 
the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Bunce,  Bush, 
Childress,  Clover,  Cowden,  Davis  of  Noda-  ! 
way,   Dodson   D'Oench,    Drake,  Filley, 
Folmsbee,  Gilbert  of  Lawrence,  Henderson, 
Holdsworth,  Hughes,  Hume,  King,  Mc- 


133 


Kherson,  Mack.  Meyer,  Morton.  Nixdorf,  1 
eck.  Rankin.  Smith  of  Mercer.  Sutton,  j 
►wearingen,  Switzler,  Williams  of  Caldwell,  ; 
Villiams  of  Scotland,  and  Mr.  President 
-32. 

Xoes— Messrs.  Fletcher,  Gamble.  Leon- 
rd.  Martin,  Owens,  Rohrer,  St.  Gem.  and 
>trong — 8. 

Absent  with  Leave— Messrs.  Adams. 
Bedford.  Budd,  Esther.  Evans.  Foster, 
gilbert  of  Platte,  Grammer.  Green,  Hus- 
nann.  McKernan.  Smith  of  Worth,  and 
Veatherby— 13. 

Absent  without  Leave— Messrs.  Ban*,  j 
)avis  of  New  Madrid.  Ellis,  Gilstrap.  Lin- 
on.  and  Thilenins — 6. 

Not  Voting— Messrs.  Fnlkerson.  Hol- 
omb,  Holland,  and  Newgent — A. 

Sick— Mr.  Mitchell— 1. 

So  the  motion  was  agreed  to. 

Mr  .  Martin  requested  to  be  relieved  from 
urther  duty  on  the  Committee  on  Loyalty. 

On  motion  of  Mr.  Folmsbee,  Mr.  Mar- 
in was  so  relieved. 

Mr.  Bush  was.  by  order  of  the  President. 
Idded  to  the  Committee  on  Loyalty. 

On  motion  of  Mr.  Drake,  the  article  on 
he  Executive  Power,  with  the  amendments 
Is  reported  back  from  the  Committee  of  the 
Thole,  was  taken  up;  and  on  which,  the 
allowing  amendments  to  section  third  were 
ead : 

Amend  section  third  by  inserting  after  the 
•ord  ••Governor."  in 'the  first  line,  the 
vords  •  -  elected  at  the  general  election  in  the 
ear  one  thousand  eight  hundred  and  sixty  I 
ight.  and  each  Governor  thereafter  elected;" 
aid  by  striking  out  the  word  • '  four,'  *  and 
hserting  in  lieu  thereof  the  word  "two."  j 
^Lnd  in  line  three,  by  striking  out  the  word 
'electors,"  and  inserting  in  lieu  thereof 
tie  word  •  -  voters. ' ' 

The  question  then  being  on  this  amend- 
ment. Mr.  Owens  demanded  the  ayes  and 
toes  thereon,  which  being  taken,  the  vote 
tood  as  follows: 

Ayes — Messrs.  Barr,  Bonham.  Childress, 
'lover,  Cowden,  Davis  of  Nodaway,  Drake! 
[olmsoee,  Fnlkerson,  Gilbert  of  Lawrence, 
pfenderson,  Holdsworth.  Holland.  Hume, 
png,  McPherson,  Mack.  Nixdorf.  Peck, 
iiankin,  Rohrer,  St.  Gem.  Sutton.  Williams 
■f  Caldwell.  Williams  of  Scotland,  and  Mr. 
'resident— 26. 

I  Noes — Messrs.  Bunce.  Bush,  Dodson, 
)'Oench,  Fletcher,  Gamble.  Gilstrap, 
lolcomb,  Leonard.  Linton.  Martin.  Meyer, 
lorton,  Newgent.  Smith  of  Mercer,  Strong, 
fewearingen,  and  Switzler — 18. 
Absent  with  Leave — Messrs.  Adams, 
foidd,  Esther,  Evans,  Foster,  Gilbert  of 


Platte.  Grammer,  Green.  Husmann,  Mc- 
Kernan, Smith  of  Worth,  and  Weatherby 
—12. 

Absent  without  Leave — Messrs.  Bed- 
ford, Davis  of  New  Madrid.  Ellis,  Fillev, 
Hughes.  Owens,  and  Thilenius — 7. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  agreed  to. 

On  motion,  the  second  amendment  was 
agreed  to. 

The  following  amendment  to  section 
fourth,  reported  back,  was  read: 

Amend  by  striking  out  section  fourth  and 
insert  the  following:  4 '  Section  4.  The  Gov- 
ernor shall  not  be  eligible  to  office  more  than 
four  years  in  six. ' ' 

To  which  Mr.  Strong  offered  the  follow- 
ing substitute: 

Amend  section  four,  by  striking  out  the 
the  word  ••four,"  and  inserting  the  word 
■  -  two . ' ' 

The  question  then  being  on  the  substi- 
tute offered  by  Mr.  Strong,  Mr.  Williams 
of  Caldwell  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Bush.  Dodson.  Gamble, 
Gilstrap.  Holcomb,  Meyer,  Strong,  Sutton, 
and  Mr.  President — 9. 

Noes — Messrs.  Bonham,  Bunce,  Childress, 
Cowden.  Davis  of  Nodaway,  Drake,  Ful- 
kerson,  Gilbert  of  Lawrence,  Henderson, 
Holdsworth.  Holland.  Hume.  King.  Linton, 
McPherson,  Mack,  Morton.  Newgent.  Nix- 
dorf. Rankin,  Rohrer.  Swearingen.  Switz- 
ler, Williams  of  Caldwell,  and  Williams  of 
Scotland — 25. 

Absent  with  Leave — Messrs.  Adams, 
Barr.  Bedford.  Budd.  Esther.  Evans.  Fos- 
ter. Gilbert  of  Platte.  Grammer,  Green, 
Husmann.  McKernan,  Smith  of  Worth,  and 
Weatherby — 14. 

Absent  without  Leave— Messrs.  Clover, 
Davis  of  New  Madrid.  D'Oench,  Ellis, 
Fillev.  Fletcher.  Folmsbee.  Hughes,  Leon- 
ard. Martin.  Owens,  Peck,  St.  Gem,  Smith 
of  Mercer,  and  Thilenius — 15. 

Sick— Mr.  Mitchell— 1. 

So  the  substitute  was  rejected. 

Mr.  Gilstrap  moved  to  adjourn,  which 
motion  was  disagreed  to . 

The  question  then  being  on  the  origi- 
nal amendment,  as  reported  back  from 
the  Committee  of  the  Whole,  it  was 
agreed  to. 

On  motion  of  Mr.  Gilstrap,  the  Conven- 
tion adjourned  until  half-past  9  o'clock 
to-morrow  morning. 


134 


FIFTIETH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Bradley. 

Mr.  Foster  requested  leave  to  record  his 
vote  on  the  expulsion  of  Mr.  Harris,  for  the 
reason  that  he  had  paired  off  with  Mr. 
Hughes,  whom  the  Convention  had  required 
to  vote  while  he  (Mr.  Foster)  was  absent; 
which  was  granted,  and  he  voted  aye. 

On  request  of  Mr.  Morton,  leave  of 
absence  was  granted  him  for  one  week. 

Mr.  Williams  of  Scotland  requested,  on 
account  of  absence  when  the  vote  was  taken , 
to  record  his  vote  on  the  expulsion  of  Mr. 
Harris;  which  was  not  granted. 

Mr.  Gtlstrap,  chairman  of  the  committee 
on  the  mode  of  amending  the  Constitution, 
presented  the  following  report: 

Mr.  President:  A  majority  of  the  com- 
mittee have  instructed  me  to  report  the 
accompanjing  article  on  the  mode  of 
amending  the  Con stitution .  There  was  some 
diversity  of  opinion  as  to  some  of  the 
changes  introduced,  and  not  such  an  agree- 
ment as  is  desirable  . 

The  article  provides  for  proposing  amend- 
ments by  a  majority  of  the  members  elected 
to  each  House  of  the  General  Assembly,  a 
specific  mode  of  publication,  and  for  the 
ratification  of  these  amendments  by  a  direct 
vote  of  the  people  upon  each  amendment 
separately,  in  such  manner  as  the  General 
Assembly  may  provide. 

This  method  of  ratification  has  much  to 
recommend  it.  The  voices  of  the  voters  are 
equally  counted  in  ascertaining  the  majority, 
which  is  not  the  case  when  the  ratification  is 
by  the  General  Assembly .  By  going  directly 
to  the  people  with  these  amendments,  there 
can  be  no  mistaking  the  public  will;  nor 
can  there  be  ground  for  any  complaint;  a 
majority  of  the  legal  voters  will  certainly 
rule  in  the  formation  of  the  organic  law . 

The  third  section  simply  declares  the  right 
of  the  people  to  bind  a 'convention  by  the 
organic  act,  and  secures  the  effective  opera- 
tion of  the  bill  of  rights  in  behalf  of  the 
people;  and  to  That  end,  requires  an  oath  to 
support  the  Constitution  of  the  United  States 
and  of  the  State  of  Missouri,  and  faithfully 
to  demean  themselves  as  delegates  to  such 
convention.  Conventions  are  delegated 
bodies,  and  hence  should  be  responsible, 
under  the  law,  to  the  people. 

All  of  which  are  respectfully  submitted . 

A.  L.  GILSTRAP,  Chairman. 


WEDNESDAY,  March  8th,  1865. 

ARTICLE  — . 

Mode  of  Amending  and  Revising  the  Consti- 
tution . 

Section  1.  The  Constitution  may  be 
amended  and  revised  in  pursuance  of  the 
provisions  of  this  article. 

Sec.  2.  The  General  Assembly,  at  any 
time,  may  propose  such  amendments  to 
this  Constitution  as  a  majority  of  the  mem- 
bers elected  to  each  house  shall  deem  expe- 
dient; and  the  vote  thereon  shall  be  taken 
by  ayes  and  noes,  and  entered,  in  full,  on 
the  journals;  and  the  proposed  amendments 
shall  be  published  with  the  laws  of  that  ses- 
sion, and  also  shall  be  published  weekly  in 
two  newspapers,  if  such  there  be,  within 
each  congressional  district  in  the  State, 
having  the  largest  circulation  therein,  for 
four  months  next  preceding  the  general 
election  then  next  coming.  The  proposed 
amendments  shall  be  submitted  to  a  vote  of 
the  people — each  amendment  separately — at 
the  next  general  election  thereafter,  in* such 
manner  as  the  General  Assembly  may  pro- 
vide ;  and  if  a  majority  of  the  qualified  voters 
of  the  State,  voting  for  and  against  any  one 
of  said  amendments,  shall  vote  for 'such 
amendment,  the  same  shall  be  deemed  and 
taken  to  have  been  ratified  by  the  people, 
and  shall  be  valid  and  binding,*  to  ail  intents 
and  purposes,  as  parts  of  this  Constitution. 

Sec.  3.  All  conventions  hereafter  organ- 
ized in  this  State  shall  be  bound  by  the  terms 
of  the  organic  act  calling  such  convention, 
not  inconsistent  with  the  Constitution  and 
laws  of  the  United  States ;  and  each  member 
shall  take  an  oath  to  support  the  Constitu- 
tion of  the  United  States,  and  of  the  State 
of  Missouri,  and  to  faithfully  demean  him| 
I  self  as  a  delegate  in  said  Convention. 

I    The  foregoing  article  was  read  the  first  and 
'  second  time  by  its  title,  and  ordered  to  be 
printed. 

Mr.  Gilstrap  offered  the  following  sub- 
|  stitute  for  section  third  of  the  article  on 
I  Elections  and  the  Qualifications  of  Voters, 
Civil  Officers,  and  others,  which  was  read, 
j  and  ordered  to  be  printed,  and  referred  to 
I  the  Committee  of  the  Whole: 

!  Sec.  3.  That  no  person,  disqualified  un- 
der the  provisions  of  this  section,  shall  be 
deemed  to  be  a  qualified  voter  at  any  election, 
under  the  Constitution  and  laws  of  this 
State,  or  be  qualified  to  hold  any  office  of 
profit  or  trust  thereunder;  or  be  permitted  to 
practice  as  an  attorney  or  claim  agent,  or 
become  a  teacher  in  any  public  school,  or 


135 


allowed  to  solemnize  the  rights  of  matri- 
mony, or  to  act  as  an  officer  in  any  corpora- 
tion within  this  State. 

First — All  persons  who  have  been,  or  who 
hereafter  may  be.  voluntarily  engaged  in  any 
armed  insurrection  or  rebellion,  or  in  any 
armed  hostile  array,  against  the  government 
of"  the  United  States,  or  of  the  State  of 
Missouri. 

Second — All  persons  who  have  been,  or  who 
hereafter  may  be.  voluntarily  engaged  in 
giving  aid  and  comfort  to  any  person  or 
persons  described  in  the  preceding  subdi- 
vision. 

Third — All  persons  who  have  been,  or  who 
hereafter  may  be.  voluntarily  acting  with 
any  armed  band  of  partisans,  guerrilla-, 
marauders,  or  (so-called)  bushwhackers,  in 
violation  of  the  laws  of  the  United  States,  or 
of  the  State  of  Missouri;  and  all  persons 
who  have  been,  or  who  hereafter  may  be, 
voluntarily  engaged  in  giving  aid  and  com- 
fort to  any  person  or  persons  acting  with 
anv  such  armed  band,  so  in  violation  of  said 
laws. 

Fourth— All  persons  who  have,  or  who 
hereafter  may  have,  since  the  tenth  day  of 
June.  A.  D.  1862.  voluntarily  adhered  to  the 
cause  of  the  (so-called)  Confederate  States  of 
America:  Provided.  That  any  person  who 
maybe  disqualified,  under  thenrst  or  second 
subdivision  of  this  section,  for  acts  done,  or 
words  spoken  or  written,  prior  to  the  said 
tenth  day  of  June.  A.  D.  1862,  and  who. 
prior  ro  said  day,  shall  have  taken  the  benerit 
of  any  proclamation  of  pardon  or  of  amnesty, 
in  relief  therefrom,  issued  under  the  authority 
of  the  President  oi  the  United  States,  or 
of  the  Governor  of  the  State  of  Missouri,  or 
under  any  ordinance  of  her  Convention,  and 
who  -hall  have  continued  faithfully  to  keep 
and  observe  the  conditions  thereof,  shall  be 
relieved  and  excepted  from  all  disqualifi- 
cations under  this  section:  and  provided 
further.  That  any  person  who  may  be  dis- 
qualified, under  the  provisions  of  the  first, 
second  or  fourth  subdivision  of  this  section, 
prior  to  the  tenth  day  of  May.  A.  D.  1865, 
and  who  shall  have",  prior  to  that  day. 
volunteered  into  the  military  service  of  the 
United  States,  and  shall  faithfully  serve 
therein  for  the  period  of  twelve  months, 
unless  sooner  discharged,  shall  be  relieved 
from  such  disqualification. 

On  request  of  Mr.  Thilexius,  he  was 
excused  for  being  absent  yesterday  after- 
noon, on  account  of  sickness. 

Mr.  Clover,  Chairman  of  the  Committee 
on  the  Judicial  Department,  reported  the 
following  article,  which  was  read  the  first 
and  second  time  by  its  title,  and  ordered  to 
be  printed : 

ARTICLE  V. 

Of  the  Judicial  Department. 

Section  1.  The  judicial  power,  as  to  mat- 
ters of  law  and  equity,  shall  be  vested  in  a 


i  supreme  court,  in  circuit  courts,  and  in  such 
inferior  tribunals  as  the  General  Assembly 
may,  from  time  to  time,  establish. 

Sec.  2.  The  supreme  court,  except  in 
cases  otherwise  directed  by  the  Constitution, 
shall  have  appellant  jurisdiction  only,  which 
shall  be  co-extensive  with  the  State,  under 
the  restrictions  and  limitations  in  this  Con- 
stitution provided. 

Sec.  3.  The  supreme  court  shall  have  a 
general  superintending  control  over  all  in- 
ferior courts  of  law.  It  shall  have  power  to 
issue  writs  of  habeas  corpus,  mandamus,  quo 
warranto,  certiorari,  and  original  remedial 
writs,  and  to  hear  and  determine  the  same. 

Sec.  4.  The  supreme  court  shall  consist  of 
five  judges,  any  three  of  whom  shall  be  a 
quorum,  and  the  said  judges  shall  be  con- 
servators  of  the  peace  throughout  the  State. 

Sec.  5.  The  State  shall  be  divided  into 
convenient  districts,  not  to  exceed  four,  in 
each  of  which  the  supreme  court  shall  hold 
two  sessions  annually,  at  such  time  and  place 
as  the  General  Assembly  may  appoint;  and, 
when  sitting  in  either  district,  it  shall  exer- 
cise jurisdiction  over  causes  originating  in 
that  district  only:  but  the  General  Assembly 
may  direct,  by  lave,  that  the  said  court  shall 
be  held  at  one  place  only . 

Sec.  10.  The  judges  of  the  supreme  court 
shall  hold  office'  for  the  term  of  ten  years, 
and  until  their  successors  shall  be  duly  elected 
and  qualified,  except  as  hereinafter  provided. 

Sec.  7.  At  the  general  election,  in  the 
year  one  thousand  eight  hundred  and  sixty- 
eight,  all  the  five  judges  of  the  supreme 
court  shall  be  elected  by  the  qualified  voters 
of  the  State,  and  shall  enter  upon  their  office 
on  the  first  Monday  of  January,  next  ensu- 
ing. At  the  first  session  of  the  court  There- 
after, the  judges  shall,  by  lot,  determine 
the  duration  ofv their  several  terms  of  office, 
which  shall  be,  respectively,  two.  four,  six, 
eight,  and  ten  years,  and  shall  certify  the 
result  to  the  Secretary  of  State.  At  the 
general  election,  every  two  years  after  said 
first  election,  one  judge  of  said  court  shall 
be  elected,  to  hold  office  for  the  period  of 
ten  years  from  the  first  Monday  of  January, 
next  ensuing.  The  judge  having,  at  any 
time,  the  shortest  time  to  serve,  shall  be 
the  presiding  judge  of  the  court. 

Sec.  8.  If  a  vacancy  shall  happen  in  the 
office  of  any  judge  of  the  supreme  court,  by 
death,  resignation,  removal  from  the  State, 
or  other  disqualification,  the  Governor  shall 
appoint  a  suitable  person  to  fill  the  vacancy 
until  the  next  general  election,  when  the 
same  shall  be  tilled  by  election,  by  the  quali- 
fied voters  of  the  State .  for  the'  residue  of 
the  term. 

Sec.  9.  In  case  of  a  tie.  or  a  contested 
election  between  the  candidates,  the  same 
shall  be  determined  in  the  manner  prescribed 
by  law . 

Sec.  10.  If.  in  regard  to  any  cause  pend- 
ing in  the  supreme  court,  the  judges  sitting 
shall  be  equally  divided  in  opinion,  no  judg- 
ment shall  be  entered  therein  based  on  such 
division:  but  the  parries  to  the  cause  may 


136 


agree  upon  some  person,  learned  in  the  law, 
who  shall  act  as  special  judge  in  the  cause, 
and  who  shall  therein  sit  with  the  court,  and 
give  decision  in  the  same  manner,  and  with 
the  same  effect,  as  one  of  the  judges.  If 
the  parties  cannot  agree  upon  a  special 
judge,  the  court  shall  appoint  one. 

Sec.  11.  The  judges  of  the  supreme  court 
shall  give  their  opinion  upon  important 
questions  of  constitutional  law,  and  upon 
solemn  occasions,  when  required  by  the 
Governor,  the  Senate,  or  the  House  of  Rep- 
resentatives; and  all  such  opinions  shall  be 
published  in  connection  with  the  reported 
decisions  of  said  court. 

Sec.  12.  The  circuit  court  shall  have  juris- 
diction over  all  criminal  cases,  which  shall 
not  be  otherwise  provided  for  bylaw;  and 
exclusive  original  jurisdiction  in  all  civil 
cases  which  shall  not  be  cognizable  before 
justices  of  the  peace,  until  otherwise  directed 
by  the  General  Assembly .  It  shall  hold  its 
terms  at  such  time  and  place,  in  each  county, 
as  may  be  by  law  directed. 

Sec'.  13.  The  State  shall  be  divided  into 
convenient  circuits,  for  each  of  which,  ex- 
cept as  in  the  next  succeeding  section  speci- 
fied, a  judge  shall  be  elected  by  the  qualified 
voters  of  the  respective  circuits,  and  shall 
be  elected  for  the  term  of  six  years,  but  may 
continue  in  office  until  his  successor  shall  be 
elected  and  qualified;  and  the  judge  of  each 
circuit,  after  his  election  or  appointment,  as 
hereinafter  provided ,  shall  reside  in  ,  and  be  a 
conservator  of,  the  place  within  the  circuit 
for  which  he  shall  be  elected  or  appointed ; 
and  if  any  vacancy  shall  happen  in  the 
office  of  any  circuit  judge,  by  death,  resig- 
nation, removal  oat  of  his  circuit,  or  by  any 
other  disqualification,  the  Governor  shall, 
upon  being  satisfied  that  a  vacancy  exists, 
issue  a  writ  of  election  to  fill  such  vacancy: 
Frovided,  That  said  vacancy  shall  happen  at 
least  six  months  before  the  next  general 
election  for  said  judge;  but  if  such  vacancy 
shall  happen  within  six  months  of  the  gen- 
eral election  aforesaid,  the  Governor  shall 
oppoint  a  judge  for  such  circuit  ;  but  every 
election  or  appointment  to  filJ  a  vacanc}^ 
shall  be  for  the  residue  of  the  term  only. 
And  the  General  Assembly  shall  provide, 
by  law,  for  the  election  of'  said  judges  in 
their  respective  circuits ;  and  in  case  of  a  tie, 
or  contested  election  between  the  candidates, 
the  same  shall  be  determined  in  the  manner 
to  be  prescribed  by  law.  And  the  General 
Assembly  shall  provide,  by  law,  for  the 
election  of  said  judges,  in  their  respective 
circuits,  to  fill  any  vacancy  which  shall  occur 
at  any  time  at  least  six  months  before  a  gen- 
eral election  for  said  judges.  The  first 
general  election  for  circuit  judges  shall  be  on 
the  first  Tuesday  after  the  first  Monday  in 
November,  1869,  and  on  the  same  clay  every 
six  years  thereafter.  No  judicial  circuit 
shall  be  altered  or  changed  at  any  session  of 
the  General  Assembly  next  preceding  the 
general  election  for  said  judges. 

Sec.  14.  From  and  after  the  first  day  of 
January,  one  thousand  eight  hundred  and 


sixty-six,  the  circuit  court  of  the  countv  of 
St.  Louis  shall  be  composed  of  three  judges, 
each  of  whom  shall  try  causes  separately ,  and 
all,  or  a  majority  of  whom,  shall  constitute 
a  court  in  bank,  to  decide  questions  of  law, 
and  to  correct  errors  occurring  in  trials;  and, 
from  and  after  that  day,  there  shall  not  be 
in  said  county  any  other  court  of  record 
having  civil  jurisdiction,  except  a  court  of 
probate  and  county  court.  The  additional 
judges  authorized  by  this  section, 'shall  be 
appointed  by  the  Governor,  with  the  advice 
and  consent  of  the  Senate,  and  shall  hold 
their  offices  until  the  next  general  election  of 
judges  of  the  circuit  courts,  when  the  whole 
number  of  the  judges  of  the  said  court  shall 
be  elected  for  the  term  of  six  years .  The 
General  Assembly  shall  have  power  to  in- 
crease the  number  of  the  judges  of  said 
court,  from  time  to  time,  as  the  public 
interest  may  require . 

Sec.  15.  If  there  be  a  vacancy  in  the 
office  of  judge  of  any  circuit,  or  if  he  be 
sick,  absent,  or  from  any  cause  unable  to 
hold  any  term  of  court  of'  any  county  of  his 
circuit /such  term  of  court  may  be  held  by 
a  judge  of  any  other  circuit,  and  at  there- 
quest  of  the  judo-e  of  any  circuit,  any  term 
of  court  in  this  circuit  may  be  held  by  the 
judge  of  any  other  circuit.  ' 

Sec.  16.  No  person  shall  be  elected  or 
appointed  a  judge  of  the  supreme  court,  nor 
of  a  circuit  court,  before  he  shall  have  at- 
tained to  the  age  of  thirty  years. 

Sec.  17.  Any  judge  of  the  supreme  court, 
or  the  circuit  court,  may  be  removed  from 
office  on  the  address  of  two -thirds  of  each 
house  of  the  General  Assembly  to  the  Gov- 
ernor for  that  purpose;  but  each  house  shall 
state,  on  its  respective  journal,  the  cause  for 
which  it  shall  wish  the  removal  of  such  judge, 
and  give  him  notice  thereof;  and  he  shall 
have  "the  right  to  be  heard  in  his  defense, 
in  such  manner  as  the  General  Assembly 
shall  by  law  direct,  but  no  judge  shall  be 
removed  in  this  manner  for  any  cause  for 
which  he  might  have  been  impeached. 

Sec.  18.  The  judges  of  the  supreme  court, 
and  the  judges  of  the  circuit  courts  shall,  at 
at  stated  times,  receive  a  compensation  for 
their  services,  to  be  fixed  by  law. 

Sec.  19.  The  circuit  court  shall  exercise 
a  superintending  control  over  all  such  in- 
ferior tribunals  as  the  General  Assembly  may 
establish,  and  over  justices  of  the  peace  in 
each  county  in  their  respective  circuits. 

Sec.  20.  There  shall  be  clerks  of  the 
courts  created  or  directed  by  this  Constitu- 
tion ,  who  shall  be  elected  by  the  qualified 
voters  of  the  respective  counties,  in  such 
manner,  and  hold  their  offices  for  such  time, 
and  be  rewarded  in  such  manner,  as  the 
General  Assembly  shall  by  law  provide. 

Sec.  21.  Inferior  tribunals  shall  be  estab- 
lished in  each  county  for  the  transaction  of 
all  county  business. 

Sec.  22.  There  shall  be  established  in  each 
county  a  probate  court,  which  shall  be  a 
court' of*  record,  open  at  all  times,  and 
holden  by  one  judge,  elected  by  the  voters 


137 


)f  the  county,  who  shall  hold  his  office  for 
;he  term  of  — — years,  and  shall  receive  such 
compensation,  payable  out  of  the  county 
treasury,  or  fees,  or  both,  as  shall  be  pro- 
dded by  law. 

Sec  *23.  The  probate  court   shall  have 
urisdietion  in  probate  and  testamentary 
natters ;  the  appointment  of  administrators 
|  md  guardians;  the  gran  ting  letters  testa- 
d  mentary  and  of  administration;  the  settle- 
f  nent  of  the  accounts  of  executors,  adminis- 
;  ;rators  and  guardians;  and  such  jurisdiction 
In  habeas  corpus,  and  for  the  sale  of  land  by 
f  executors,   administrators   and  guardians, 
\  md  such  other  jurisdiction,  in  any  county  or 
I  Bounties,  as  may  be  provided  by  law. 

Sec.  24.  In  each  county  there  shall  be 

•  ippointed,  or  elected,  as  many  justices  of 
!  ;he  peace  as  the  public  good  may  be  thought 
wo  require.    Their  powers  and  duties,  and 

bheir  duration  in  office,  shall  be  regulated  by 
1  [law. 

I  Sec.  25.  All  writs  and  process  shall  run, 
md  all  prosecutions  shall  be  conducted,  in 
:he  name  of  the  '  'State  of  Missouri;"  all 
writs  shall  be  tested  by  the  clerk  of  the  court 
from  which  they  shall  be  issued;  and  all 
[indictments  shall  conclude,  "against  the 
peace  and  dignity  of  the  State. ' ' 

Mr.  Drake  offered  the  following  additional 
rule: 

No  member  shall  vote  in  any  case  where 
he  was  not  within  the  bar  of  the  Convention 
(when  the  question  was  put.  And  when  any 
member  shall  ask  leave  to  vote,  the  President 
'shall  propound  to  him  the  question,  "Were 
vou  within  the  bar  when  your  name  was 
bailed?" 

On  which  Mr.  Drake  demanded  the  ayes 
md  noes,  and  the  vote  being  taken,  stood  as 
follows : 

:  Ayes— Messrs.  Barr,  Bonham,  Bunce. 
Childress,  Cowden,  Davis  of  Nodaway, 
Dodson.  Drake,  Ellis,  Folmsbee,  Fulker- 

•  son,  Gamble,  Henderson,  Holcomb,  Holds- 
worth,  Holland,  Hume,  King,  Leonard, 
McKernan,  McPherson,  Meyer,  Newgent, 
iixdorf,  Peck,  Rankin,  Smith  of  Mercer, 
Sutton.  Swearingen,  Switzler,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President— 33. 

I  Noes— Messrs.  Bush,  Clover,  Davis  of 
New  Madrid,  D'Oench,  Fletcher,  Foster, 
Gilbert  of  Lawrence,  Gilstrap,  Linton,  Mack, 
Martin,  Owens,  Rohrer,  St.  Gem,  Strong, 
and  Thilenius— 16. 

i  Absent  with  Leave— Messrs.  Adams, 
Bedford,  Esther,  Evans,  Gilbert  of  Platte, 
Gramrner,  Green,  Husmann,  Morton,  Smith 
of  Worth,  and  Weatherby— 11. 

Absent  without  Leave — Messrs.  Budcl, 
Fillev.  and  Hughes— 3. 
:  Sick— Mr.  Mitchell— 1. 

So  the  additional  rule  was  adopted. 

On  request  of  Mr.  Gilstrap,  leave  of 
absence  was  granted  to  Mr.  Hughes  until 
Monday  next. 


On  request  of  Mr.  Gilstrap,  leave  of 
absence  was  granted  him  until  Monday  next. 

The  article  on  Executive  Power,  as  reported 
back  from  the  Committee  of  the  Whole, 
was  taken  up,  and  the  Convention  proceeded 
to  act  on  the  amendments  reported  by  the 
Committee  of  the  Whole . 

The  following  amendment  to  section  five 
was  read  and  agreed  to : 

Amend  section  five  by  striking  out  the 
words  '  'and  navy. ' ' 

The  following  amendment  to  section  six 
was  agreed  to : 

The  Governor  shall  have  the  power  to 
grant  reprieves,  commutations,  and  pardons, 
after  conviction,  for  all  offenses  except 
treason  and  cases  of  impeachment,  upon  such 
conditions,  and  with  such  restrictions  and 
limitations,  as  he  may  think  proper,  subject 
to  such  regulation  as  may  be  provided  by  law, 
relative  to  the  manner  6f  applying  for  par- 
dons. He  shall,  at  each  session  of  the 
General  Assembly,  communicate  to  that  body 
each  case  of  reprieve,  commutation  or  pardon 
granted;  statino:  the  name  of  the  convict, 
the  crime  of  which  he  was  convicted,  the 
sentence  and  its  date,  the  date  of  the  com- 
mutation, pardon  or  reprieve,  and  the 
reasons  for  granting  the  same. 

The  following  amendment  to  section  seven 
was  agreed  to : 

Amend  section  seven  by  striking  out  all 
after  the  word  "proclamation,"  and  in- 
serting, in  lieu  thereof,  the  words:  ' 4 where- 
in he  shall  state  specifically  each  matter  con- 
cerning which  the  action  of  that  body  is 
deemed  necessary ;  and  the  General  Assem- 
bly shall  have  no  power,  when  so  convened, 
to  act  upon  any  matter  not  so  stated  in  the 
proclamation. " 

The  following  substitute  for  sections  four- 
teen and  fifteen  was  agreed  to : 

Amend  by  striking  out  sections  fourteen 
and  fifteen ,^  and  inserting,  in  lieu  thereof, 
the  following: 

When  the  office  of  Governor  shall  be- 
come vacant,  by  death,  resignation,  re- 
moval from  the  State,  removal  from  office, 
refusal  to  qualify,  or  otherwise,  the  Lieu- 
tenant Governor  shall  perform  the  duties, 
possess  the  powers,  and  receive  the  com- 
pensation of  the  Governor  during  the 
remainder  of  the  term  for  which  the  Gov- 
ernor was  elected.  When  the  Governor  is 
absent  from  the  State,  or  is  unable,  from 
sickness  to  perform  his  duties,  or  is  under 
impeachment,  the  Lieutenant  Governor  shall 
perform  said  duties,  possess  said  powers, 
and  receive  said  compensation  until  the  Gov- 
ernor return  to  the  State,  be  enabled  to 
resume  his  duties,  or  be  acquitted.  If  there 
be  no  Lieutenant  Governor,  or  if  he  be  ab- 
sent from  the  State,  disabled  by  sickness,  or 


138 


under  impeachment,  the  president  of  the 
Senate  pro  tempore,  or,  in  case  of  like  absence 
or  disability  on  his  part  ,  or  of  there  being- 
no  president  of  the  Senate  pro  tempore,  the 
Speaker  of  the  House  of  Representatives 
shall  assume  the  office  of  Governor,  in  the 
same  manner,  and  with  the  same  powers 
and  compensation,  as  are  prescribed  in  the 
case  of  the  office  devolving  on  the  Lieuten- 
ant Governor. 

The  following-  additional  section  was 
agreed  to  : 

Amend  by  adding  the  following  section : 
Section  — .  The  appointment  of  all  offi- 
cers, not  otherwise  directed  by  this  Constitu- 
tion, shall  be  made  in  such  manner  as  may 
be  prescribed  by  law. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  the  title  by  striking  out  the  letters 
4  4 IV,"  and  also  by  striking  out  the  words 
"of  the  executive  power,"  and  inserting, 
in  lieu  thereof,  the  words  "executive  de- 
partment. ' ' 

Mr.  Holland  offered  the  following  amend- 
ment : 

Amend  second  section,  first  line,  by 
striking  out  the  words  "white  male." 

Mr.  Gilstrap  offered  the  following  reso- 
lution : 

Resolved,  That  the  fifteen-minute  rule,  ap- 
plicable to  debate,  be  suspended  during  the 
debate  upon  the  amendment  to  strike  out 
the  word  ' '  white . ' ' 

Pending  which,  Mr.  Williams  of  Cald- 
well offered  the  following  substitute : 

Resolved,  That  the  rule  of  the  Convention 
allowing  only  fifteen  minutes  as  the  time  for 
each  speaker,  be  amended  by  striking  out 
'  'fifteen, ' '  and  inserting  '  'ten  minutes' '  in 
lieu  thereof. 

Which  substitute  was  declared  out  of 
order . 

The  question  then  being  on  the  resolution 
as  offered  by  Mr.  Gilstrap,  Mr.  Barr  de- 
manded the  ayes  and  noes  thereon,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Clover,  Dodson,  Fletcher, 
Gamble,  Gilstrap,  Henderson,  Linton,  and 
Switzler — 8 . 

Noes  —  Messrs.  Barr,  Bonham,  Bunce, 
Bush,  Childress,  Cowden,  Davis  of  New 
Madrid,  Davis  of  Nodaway,  D'Oench,  El- 
lis, Foster,  Fulkerson,  Gilbert  of  Law- 
rence, Holcomb,  Holdsworth,  Holland, 
Hume,  King,  Leonard,  McKernan,  Mc- 
Pherson,  Mack,  Martin,  Meyer,  Newgent, 
Nixdorf,  Owens,  Peck,  Rankin,  Rohrer, 
St.  Gem,  Strong,  Sutton,  Swearingen, 
Thilenius,  Williams  of  Caldwell,  Williams 
of  Scotland,  and  Mr.  President— 38 . 


Absent  with  Leave — Messrs.  Adams, 
Bedford,  Esther,  Evans,  Gilbert  of  Platte, 
G rammer,  Green,  Hughes,  Husmann,  Mor- 
ton, Smith  of  Worth,  and  Weatherby — 12. 

Absent  without  Leave — Messrs.  Budd, 
Filley,  Folmsbee,  and  Smith  of  Mercer — 4. 

Sick — Messrs.  Drake  and  Mitchell — 2. 

So  the  resolution  was  rejected. 
Mr.  Foster  offered  the  following  resolu- 
tion : 

Resolved,  That  the  Committee  on  Accounts 
be  and  are  hereby  instructed  to  audit  and 
pay  the  accounts  of  the  Secretary,  for  copy- 
ing the  journal  for  printing,  up  to  March  1, 
1865. 

On  motion  of  Mr.  Williams  of  Caldwell, 
the  resolution  was  adopted. 

On  motion  of  Mr.  Thilenius,  the  Con- 
vention adjourned  until  half  past  2  o'clock 
P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment,  \ 
the  President  in  the  chair. 

The  amendment  to  section  twenty-four  of 
the  article  on  the  Executive  Department, 
offered  by  Mr.  Holland,  was  called  up. 

After  debate,  Mr.  Gilbert  of  Lawrence 
moved  to  adjourn,  which  motion  was  tern-  j 
porarily  withdrawn,  to  allow  Mr.  Owens  to 
introduce  the  following  proposed  amend- 
ments to  the  Constitution,  which  were  read 
the  first  time: 

The  people  of  the  State  of  Missouri,  in 
Convention  assembled,  do  hereby  adopt  the  !| 
following  as  amendments  to  the  Constitution: 

Section.  1.  That  in  this  State  there  shall 
be  neither  slavery  nor  involuntary  servitude,  j 
except  in  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted;  and 
all  persons  held  to  service  or  labor  as  slaves 
are  herebv  declared  free . 

Sec.  2."  The  General  Assembly  shall  im- 
mediately provide  by  law  for  a  complete  and 
uniform  registration,  by  election  districts,  of 
the  names  of  all  the  qualified  voters  in  this 
State. 

Sec.  3.  The  General  Assembly  shall  pro- 
vide by  law  for  taking  the  qualified  votes  of 
soldiers  in  the  army  of  the  United  States,  or  j 
in  the  militia  force  of  this  State,  without 
registration,  who  may  be  absent  from  their 
places  of  residence  by  reason  of  being  in  said 
service.  On  the  clay  fixed  for  such  election, 
or  at  any  time  within  twenty  days  next  prior 
thereto,  and  for  the  due  return  and  counting 
of  such  votes,  every  such  person  shall  take 
the  same  oath  that  all  other  voters  may  be  j 
required  to  take,  in  order  to  vote. 

Sec.  4.  No  person  shall  vote  at  any  elec- 
tion  to  be  hereafter  held  in  this  State  ,  under 


139 


)r  in  pursuance  of  the  Constitution  and  laws 
•ohereof,  whether  State,  county,  township. 
)r  municipal,  who  shall  not,  in  addition  to 
Ijpassessing  the  qualifications  prescribed  for 
■electors,  previously  take  an  oath  in  the 
jerms  prescribed  in  the  next  succeeding  sec- 
tion, until  the  General  Assembly  shall  estab- 
lish a  complete  and  uniform  system  of  regis- 
tration.   Said  oath  shall  be  taken  before  the 
judges  of  election.     After  such  system  of 
■registration  shall  have  been  established,  the 
■said  oath  shall  be  taken  and  subscribed  by 
■the  voter  at  each  time  of  his  registration. 

Any  person  declining  to  take  said  oath  shall 
f/not  be  allowed  to  vote  or  to  be  registered  as 

i  a  qualified  voter:  — : — .  do  solemnly 
swear  (  or  affirm,  as  the  case  may  be  )  that  I 

Is  will  support,  protect,  and  defend  the  Consti- 
tution of  the  United  States,  and  the  Consti- 
Itution  of  the  State  of  Missouri,  against  all 
1  enemies  and  opposers,  whether  domestic  or 
■  foreign;  that  I  will  bear  true  faith,  loyalty 

ii  and  allegiance  to  the  United  States,  and  will 
'  not.  directly  or  indirectly,  give  aid  and  eom- 
Ifort,  or  countenance,  'to  the  enemies  or 
I  opposers  thereof,  or  of  the  o-overnment  of 
I ,  the  State  of  Missouri,  any  ordinance,  law  or 

resolution  of  any  State  Convention  or  Legis- 
j lature,  or  of  any  order  or  organization, 
I  secret  or  otherwise,  to  the  contrary  notwith- 
;  standing;  and  that  I  do  this  with' a  full  and 
honest  'determination,  pledge  and  purpose, 
faithfully  to  keep  and  perform  the  same, 
without  any  mental  reservation  or  evasion 
|  whatever.    And  I  do  further  solemnly  swear 
j  (or  affirm )  that  I  have  not,  since  the  17th 
day  of  December,  1861.  been  in  armed  hos- 
tility to  the  United  States,  or  to  the  lawful 
;  authorities  thereof,  or  to  the  government  of 
this  State;  or  given  aid.   comfort,  coun- 
|  tenance,  or  support  to  persons  engaged  in 
:  such  hostility ;  or  in  any  manner  adhered  to 
i  the  enemies,  foreign  or  domestic,  of  the 
I]  United  States,  either  by  willingly  contribut- 
I  ing  to  them  or  by  unlawfully  sending  within 
their  lines  money,  goods,  letters  or  infor- 
mation; or  disloyally  held  communication 
with  such  enemies;  or  by  open  act  or  word 
j;  declared  my  adherence  to  the  cause  of  such 
j  enemies,  or  my  desire  for  their  triumph  over 
the  arms  of  the  United  States;   or,  except 
under  overpowering  compulsion,  submitted 
to  the  authority,  or  been  in  the  service  of  the 
so-called  Confederate  States  of  America;  or 
left  this  State  and  gone  within  the  lines  of  the 
armies  of  the  so-called  Confederate  States  of 
America,  with  the  purpose  of  adhering  to 
said  States  or  armies;  or  been  a  member  of, 
or  connected  with,  any  order,  society,  or 
organization,  having  for  its  object  to  aid  or 
encourage    rebellion    against    the  United 
States,  or  to  promote  the  dissolution  of  the 
union  thereof,  or  to  oppose,  by  any  unlaw- 
ful means,  the  laws  or  authority  thereof,  or 
the  laws,  ordinances,  or  authority  of  this 
States;  or  been  engaged  in  guerrilla  warfare 
against  loyal  inhabitants  of  the  United  States, 
or  in  that  description  of  marauding  com- 
monly known  as  bushwhacking;  or  "know- 
ingly and   willfully  harbored,   aided,  or 


countenanced  any  person  so  engaged;  or 
left  this  State  for  the  purpose  of  avoiding 
enrollment  for  a  draft  into  the  military  ser- 
vice of  the  United  States;  or,  in  order  to 
escape  the  performance  of  duty  in  the  militia 
of  this  State,  enrolled  myself,  or  caused 
myself  to  be  enrolled  as  a  disloyal  Southern 
sympathizer;  or  having  ever  voted  at  any 
election  held  by  the  people  of  this  State,  or  in 
any  other  of  the  United  States  or  territories; 
or 'held  office  in  this  State,  or  in  any  other 
of  the  United  States  or  territories',  have 
thereafter  sought,  or  received,  under  claim 
of  alienage,  the  protection  of  any  foreign 
government,  in  order  to  secure  exemption 
from  military  duty  in  the  militia  of  this 
State,  or  in  the  army  of  the  United  States. 

Sec.  5.  Before  any  person  shall  be  elected 
or  appointed  to  any  civil  or  military  office 
within  this  State,  under  the  Constitution 
and  the  laws  thereof,  whether  State,  county, 
township,  or  otherwise,  he  shall  take  and. 
subscribe  an  oath,  in  form  as  follows: 
•'I,  A.  B..  do  solemnly  swear  (or  affirm)  that 
I  will  support,  protect,  and  defend  the  Con- 
stitution of  the  United  States  and  the  Con- 
stitution of  the  State  of  Missouri  against  all 
enemies  and  opposers,  whether  domestic  or 
foreign;  that  I  will  bear  true  faith,  loyalty 
and  allegiance  to  the  United  States,  and  will 
not,  directly  or  indirectly,  give  aid  and 
comfort  or  countenance  to  the  enemies  or 
opposers  thereof,  or  of  the  government  of 
the  State  of  Missouri,  any  ordinance,  law  or 
resolution  of  any  State  convention  or  legis- 
lature, or  of  any  order  or  organization, 
secret  or  otherwise,  to  the  contrary  not- 
withstanding; and  that  I  do  this  with  a  full 
and  honest  determination,  pledge,  and  pur- 
pose, faithfully  to  keep  and  perform  the 
same  without' any  mental  reservation  or 
evasion  whatever.  And  I  do  further 
solemnly  swear  (or  affirm)  that  I  have  not  at 
any  time  been  in  armed  hostility  to  the 
United  States,  or  to  the  lawful  authorities 
thereof,  or  to  the  government  of  this  State; 
or  given  aid,  comfort,  countenance,  or  sup- 
port to  persons  engaged  in  such  hostility,  or 
in  any  manner  adhered  to  the  enemies, 
foreign  or  domestic,  of  the  United  States, 
either  by  willingly  contributing  to  them  or  by 
unlawfully  sending  within  their  lines  money, 
goods,  letters,  or  information ;  or  dislojralLy 
held  communication  with  such  enemies,  or 
by  open  act  or  word  declared  my  adherence 
to  the  cause  of  such  enemies,  or  my  desire 
lor  their  triumph  over  the  arms  of  the  United 
States;  or.  except  under  overpowering  com- 
pulsion, submitted  to  the  authority,  or  been 
in  the  service  of  the  so-called  Confederate 
States  of  America;  or  left  this  State  and 
gone  within  the  lines  of  the  armies  of  the 
so-called  Confederate  States  of  America, 
with  the  purpose  of  adhering  to  said  States 
or  armies;  or  being  a  member  of,  or  con- 
nected with,  any  order,  society,  or  organi- 
zation having  for  its  object  to  aid  or  encour- 
age rebellion  against  the  United  States,  or  to 
promote  the  dissolution  of  the  union  thereof; 
or  to  oppose,  by  any  unlaw'ful  means,  the 


140 


laws  or  authority  thereof,  or  the  laws,  ordi- 
nances or  authority  of  this  State;  or  been 
engaged  in  guerrilla  warfare  against  loyal 
inhabitants  of  the  United  States ;  or  in  that 
description  of  marauding  commonly  known 
as  bushwhacking,  or  knowingly  harbored, 
aided,  or  countenanced  any  person  so  en- 
gaged; or  left  this  State  for  the  purpose  of 
avoiding  enrollment  for  a  draft  into  the 
military  service  of  the  United  States,  or  in 
order  to  escape  the  performance  of  duty  in 
the  militia  of  this  State,  enrolled  myself  or 
caused  myself  to  be  enrolled  as  a  disloyal 
Southern  sympathizer;  or  having  ever  voted 
at  any  election  held  by  the  people  in  this 
State  or  in  any  other  of  the  United  States, 
or  held  office  in  this  State  or  in  any  other  of 
the  United  States,  have  thereafter  sought  or 
received,  under  claim  of  alienage  the  protec- 
tion of  any  foreign  government,  through 
any  consul  or  other  officer  thereof,  in  order 
to  secure  exemption  trom  military  duty  in 
the  militia  of  this  State  or  in  the  army  of  the 
United  States ; ' '  which  oath  shall  be  filed  in 
the  office  of  the  Secretary  of  State  by  all 
candidates  for  State  offices,  and  by  candi- 
dates for  all  county  and  other  offices,  in  the 
office  of  the  clerk  of  the  county  court  (or 
other  officer  charged  with  equivalent  duties) 
in  the  counties  wherein  they  respectively 
reside,  at  least  live  clays  before  the  day  of 
election ;  and  no  vote  shall  be  cast  up  for,  or 
certificate  of  election  granted  to,  any  candi- 
date who  fails  to  file  such  oath. 

Sec.  6.  Any  person  avIio  shall  falsely 
take,  or,  having  taken,  shall  thereupon  will- 
fully violate  any  oath  prescribed  by  these 
amendments  to  the  Constitution  shall,  upon 
conviction  thereof,  by  any  court  of  compe- 
tent jurisdiction,  be  adjudged  guilty  of  the 
crime  of  perjury,  and  shall  be  punished 
therefor  in  accordance  with  existing  laws. 
Within  sixty  days  after  the  adoption  of  these 
amendments  to  the  Constitution,  every  per- 
son in  this  State,  holding  any  office  of  honor, 
trust,  or  profit,  under  the  Constitution  and 
laws  thereof,  or  under  any  municipal  cor- 
poration; and  every  officer,  councilman, 
director,  trustee,  or  other  manager  of  any 
corporation,  public  or  private,  and  every 
person  acting  as  a  professor  or  teacher  in 
any  educational  institution,  incorporated  by 
or  under  any  law  in  this  State;  and  every 
teacher  of  any  common  or  other  school 
which  is  sustained,  in  whole  or  in  part,  by 
funds  provided  by  law;  eveiy  attorney  at 
law,  every  licensee!  or  ordained  minister  of 
the  gospel,  before  performing  the  marriage 
ceremony  in  this  State,  shall  take  and  sub- 
scribe the  oath  prescribed  for  civil  and  mili- 
tary officers  in  section  five . 

Sec.  7.  Any  officer  or  person  referred  to 
in  section  — ,  who  shall  fail  to  comply  with 
the  requirements  thereof,  shall  be  liable  to 
prosecution  in  any  court  of  competent  juris- 
diction in  this  State,  by  indictment,  and, 
upon  conviction,  shall  be  punished  for  each 
offense  by  fine  not  less  than  one  hundred, 
nor  more  than  one  thousand  dollars. 

Sec.  8.  The  General  Assembly  shall  have 


power,  if  a  majority  of  all  the  members 
elected  to  both  houses  concur  therein,  to 
suspend  or  repeal  any  part  of  the  fourth, 
fifth,  sixth,  and  thirteenth  sections  of  this 
article . 

Sec.  9.  The  General  Assembly  shall  have 
power  to  suspend,  repeal,  alter,  or  amend, 
any  or  all  the  ordinances  adopted  by  the 
Missouri  State  Convention,  elected  on  the 
18th  day  of  February,  1861. 

Sec.  10.  Hereafter  the  supreme  court  of 
this  State  shall  consist  of  five  judges,  any 
three  of  whom  shall  constitute  a  quorum  to 
do  business;  and  the  said  judges  shall  be 
conservators  of  the  peace  "throughout  the 
State. 

Sec.  11.  The  Governor  of  the  State  shall 
have  power,  and  it  shall  be  his  duty,  to 
appoint  judges  to  fill  any  vacancies  that  may 
from  any  cause  exist,  and  the  judges  so 
appointed  shall  hold  their  offices  until  the 
next  general  election  forjudges. 

Sec.  12.  The  fourth  section  of  the  amend- 
ments to  the  Constitution  is  hereby  abolished. 

Sec.  13.  In  case  of  a  contest  arising  in 
any  election  held  under  the  Constitution  or 
laws  of  this  State,  it  shall  be  the  duty  of  the 
contesting  court  to  cast  out  and  refuse  to 
count  the  votes  of  any  person  or  persons 
who  are  found  to  have  falsely  taken  the  oath 

prescribed  in  the    section  of  these 

amendments. 

Mr.  Drake  objected  to  the  second  reading 
of  the  foregoing  proposed  amendments ;  and 
the  question  thereupon  being,  "Shall  the 
proposition  be  rejected?"  Mr.  Bonham 
demanded  the  ayes  and  noes  thereon,  which 
being  taken,  the  vote  stood  as  follows: 

Ayes — Messrs.  Barr,  Bonham,  Childress, 
Cowden,  Davis  of  Nodaway,  Dodson,  Drake, 
Folmsbee,  Fulkerson,  Gamble,  Gilbert  of 
Lawrence,  Henderson,  Holds  worth,  Hol- 
land, Hume,  King,  McKernan,  McPherson, 
Mack,  Newgent,"Nixclorf,  Peck,  Rankin, 
Smith  of  Mercer,  Strong,  Sutton,  Swearin- 
gen,  and  Williams  of  Scotland — 28. 

Noes  —  Messrs.  Bush,  Davis  of  New 
Madrid,  Fletcher,  Holcomb,  Linton,  Mar- 
tin, Meyer,  Owens,  Kohrer,  St.  Gem, 
Switzler,"^  Thilenius,  and  Mr.  President— 13. 

Absent  with  Leave  —  Messrs.  Adams, 
Bedford,  Clover,  Esther,  Evans,  Gilbert  of 
Platte,  Gilstrap,  Green,  Grammer,  Hughes, 
Husmann,  Smith  of  Worth,  and  Weatherby 
—13. 

Absent  without  Leave — Messrs.  Budd, 
Bunce,  D'Oench,  Ellis,  Filley,  Foster, 
Leonard,  Morton,  and  Williams  of  Cald- 
well—9. 

Sick— Mr.  Mitchell— 1. 

So  the  proposition  was  rejected. 

On  motion  of  Mr.  Dkake,  the  Convention 
adjourned  until  half-past  9  o'clock  to-morrow 
morning. 


141 


FIFTY-FIRST  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Dr.  Schuyler. 

Mr.  Holds  worth  presented  a  communica- 
tion from  the  Loyal  League  of  Madison, 
Monroe  county.  Missouri,  sustaining  the 
action  of  the  Convention:  also,  petitioning 
the  Convention  to  vacate  certain  judicial 
offices;  which  was  read  for  information  and 
laid  on  the  table. 

On  request  of  Mr.  Martix,  leave  of  absence 
for  four  days  from  to-morrow  morning  was 
granted  to  Mr.  Gamble. 

The  amendment  of  Mr.  Holland  to  section 
gecond.  of  article  on  the  Executive  Depart- 
ment, was  called  up. 

Pending  which,  Mr.  Husmaxx  offered  the 
following  amendment  to  Mr.  Holland's 
amendment : 

Strike  out  the  word  "resident,"  in  the 
second  line,  and  insert  in  lieu  thereof  the 
words  "qualified  voter. ' ' 

Which  amendment  was  accepted  by  Mr. 
Holland. 

After  debate,  the  question  then  being  on 
ithe  adoption  of  the  resolution  offered  by  Mr. 
Holland.  Mr.  Switzler  demanded  the  ayes 
and  noes  thereon,  and  the  vote  being  taken, 
stood  a,s  follows : 

Ayes— Messrs.  Budd.  Bush,  D?Oench, 
Drake,  Ellis,  Evans,  Filley.  Foster.  Gilbert 
of  Lawrence,  Holcomb,  Holland.  Husmann, 
King.  Linton.  McKernan.  McPherson, 
Meyer.  Nixdorf.  Owens,  Rohrer,  St.  Gem. 
Thi'lenius.  Williams  of  Caldwell.  Williams 
of  Scotland,  and  Mr.  President — 25. 

Noes — Messrs.  Bonhain,  Bunee,  Childress, 
Clover,  Cowden.  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Dodson.  Fletcher, 
Folmsbee.  Fulkerson,  Gamble.  Henderson, 
Holdsworth,  Hume,  Mack,  Martin.  New- 
gent,  Peck.  Rankin.  Smith  of  Mercer, 
Strong,  Sutton.  Swearingen,  and  Switzler— 
25. 

Absext  with  Leave — Messrs.  Adams, 
Bedford.  Esther.  Gilbert  of  Platte,  Gilstrap, 
Grammer,  Green.  Hnghes,  Morton.  Smith 
of  Worth,  and  Weatherby — 11. 

Absext  without  Leave — Messrs.  Barr 
and  Leonard — 2 . 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  rejected. 

Mr.  Drake  offered  the  following  amend- 
:  nient,  which  was  adopted: 


THURSDAY,  March  9th,  1865. 

Amend  section  two  by  striking  out  of  the 
second  line  the  word  '-the.-'  and  inserting 
in  lieu  thereof  the  word  "this,"  and  by 
striking  out  the  words  '  'of  Missouri. ' ' . 

Mr.  Williams  of  Caldwell  offered  the 
following  substitute  to  section  three  of  article 
on  Executive  Department : 

The  Governor  shall  hold  his  office  two 
years,  and  until  a  successor  be  duly  elected 
and  qualified.  At  the  time  and  'place  of 
voting  for  members  of  the  House  of  Repre- 
sentatives ,  the  qualified  voters  shall  vote  for 
a  Governor ;  and  when  two  or  more  persons 
have  an  equal  number  of  votes,  and  a  higher 
number  than  any  other  person,  the  election 
shall  be  decided  between  them  by  a  joint  vote 
of  both  houses  of  the  General  Assembly,  at 
their  next  session.  The  first  election' of  a 
Governor  under  this  Constitution  shall  take 
place  at  the  general  election,  in  the  year  one 
thousand  eight  hundred  and  sixty-six. 

The  question  then  being  on  the  substi- 
tute offered  by  Mr.  Williams  of  Caldwell. 
Mr.  Drake  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Bonham,  Drake,  and  Wil- 
liams of  Caldwell — 3. 

Noes  —  Messrs .  Barr ,  Budd .  Bunce , 
Bush,  Childress,  Clover,  Cowden.  Davis  of 
Nodaway.  Dodson,  D'Oench,  Ellis,  Evans, 
Filley,  Fletcher,  Folmsbee,  Foster,  Fulk- 
erson, Gamble,  Gilbert  of  Lawrence.  Hen- 
derson, Holcomb,  Holdsworth.  Holland, 
Hume,  Husmann.  King,  Linton,  McKer- 
nan, McPherson.  Mack,  Martin,  Meyer, 
Newgent,  Nixdorf.  Owens.  Peck,  Rankin, 
Rohrer,  St.  Gem.  Strong,  Sutton,  Swearin- 
gen, Thilenius,  Williams  of  Scotland,  and 
Mr .  Presi den t— 45 . 

Absext  with  Leave — Messrs.  Adams, 
Bedford.  Esther.  Gilbert  of  Platte,  Gilstrap, 
Grammer,  Green,  Hughes,  Morton,  Smith 
of  Worth,  and  Weatherby— 11 . 

Absext  without  Leave — Messrs.  Davis 
of  New  Madrid,  Leonard,  Smith  of  Mercer, 
and  Switzler — i. 

Sick— Mr.  Mitchell— 1. 

So  the  substitute  was  rejected. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  ten  by  inserting,  after  the 
word  "adjournment,"  the  words  "of  go- 
ing into  joint  session. ' ' 

Mr.  Owexs  offered  the  following  amend- 
ment, which  was  rejected: 

Amend  by  striking  out  section  ten. 


142 


On  motion  of  Mr.  Bonham,  the  article  on 
Executive  Department  was  ordered  to  be 
engrossed  for  a  third  reading. 

On  motion  of  Mr.  Rohrer,  the  Convention 
adjourned  until  half-past  two  o'clock  P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  request  of  Mr.  Switzler,  leave  of  ab- 
sence was  granted  him  for  six  days. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  for  the  purpose  of  taking  under  con- 
sideration amendments  to  the  Constitution. 
After  some  time  spent  therein,  the  President 
resumed  the  chair,  and  Mr.  Martin  reported 
that  the  Committee  of  the  Whole  had,  ac- 
cording to  order,  had  under  consideration 
amendments  to  the  Constitution,  and  par- 
ticularly the  article  on  Legislative  Depart- 
ment, and  also  the  article  on  Impeachment, 
which  articles  he  had  been  instructed  to  re- 
port back  to  the  Convention  with  amend- 
ments thereto . 

On  motion  of  Mr.  Drake,  the  article  on 
Impeachment,  with  amendments  thereto, 
as  reported  back  from  the  Committee  of  the 
Whole,  was  taken  up. 

The  following  amendment,  as  reported 
back  from  the  Committee  of  the  Whole,  to 
section  first,  was  agreed  to: 

Amend  article  on  Impeachment  by  strik- 
ing out  of  first  section,  second  line,  the 
words  ''the  courts,''  and  insert  the  words 
4  'courts  of  record. ' ' 

The  following  amendment,  as  reported 
back,  was  agreed  to: 

Amend  section  first  by  inserting  the  word 
"State''  before  the  word  4  *  auditor,"  and 
before  the  word  k  -  treasurer. ' ' 


On  motion  of  Mr.  Owens,  the  article  on 
Impeachment  was  laid  over  temporarily. 

On  motion  of  Mr.  Drake,  the  article  on 
Legislative  Department,  with  the  amend- 
ments thereto,  as  reported  back  from  the 
Committee  of  the  Whole,  was  taken  up. 

The  following  amendment,  as  reported 
back  from  the  Committee  of  the  Whole,  was 
agreed  to : 

Sec.  2.  The  House  of  Representatives 
shall  consist  of  members  to  be  chosen  every 
second  year  by  the  qualified  voters  of  the 
several  counties,  apportioned  in  the  follow- 
ing manner,  viz:  The  ratio  of  representa- 
tion shall  be  ascertained  at  each  appor- 
tioning session  of  the  General  Assembly, 
by  dividing  the  whole  number  of  permanent 
inhabitants  of  the  State  by  the  number  two 
hundred.  Each  county  having  one  ratio  or 
less  shall  be  entitled  to  one  representative; 
each  county  having  three  times  said  ratio 
shall  be  entitled  to  two  representatives; 
each  county  having  six  times  said  ratio  shall 
be  entitled' to  three  representatives;  and  so 
on,  above  that  number,  giving  one  addi- 
tional member  for  every  three  additional 
ratios . 

The  following  amendment,  as  reported 
back  from  the  Committee  of  the  Whole,  was 
read : 

Amend  section  two  by  adding  thereto: 
When  any  county  shall  be  entitled  to  more 
than  one  representative,  the  county  court 
shall  cause  such  county  to  be  sub-divided 
into  as  many  compact  and  convenient  dis- 
tricts as  such  county  may  be  entitled  to 
representatives,  which  districts  shall  be,  as 
near  as  may  be,  of  equal  population;  and 
the  qualified  voters  of  each  of  such  districts 
shall  elect  one  representative,  who  shall  be  a 
resident  of  such  district. 

On  motion  of  Mr.  Williams  of  Caldwell, 
the  Convention  adjourned  until  to-morrow 
morning  at  half-past  9  o'clock. 


FIFTY-SECOND  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair . 

Prayer  by  Rev.  Mr.  Kendrick. 

Mr.  Barr  offered  the  following  amend- 
ment to  the  twenty-fourth  rule: 

Resolved,  That  the  twenty-fourth  standing 
rule  be  amended  by  striking  out  the  word 


FRIDAY,  March  10th,  1865. 

"two-thirds"  and  inserting  in  lieu  thereof 
the  words  '  'a  majority . ' ' 

Mr.  Barr  moved  a  suspension  of  the  rules, 
to  enable  him  to  introduce  his  amendment  to 
the  twenty-fourth  rule;  on  which  Mr. 
Husmann  demanded  the  ayes  and  noes,  and 
the  vote  being  taken  stood  as  follows : 


143 


Jlye s  —  Messrs .  Barr ,  Bonhain ,  Budd , 
Bunce.  Bush,  Childress,  Cowden,  Davis  of 
Nodaway.  Dodson,  Drake.  Evans,  Folms- 
bee.  Fuikerson.  Gilbert  of  Lawrence .  Hen- 
derson. Holdsworth,  Holland.  Hume,  Kino-. 
.Leonard.  McKernan,  McPherson,  Mack. 
I  Newgent,  Peck,  Rankin.  Smith  of  Mercer, 
Strong-,  Sutton.  Swearinffen ,  Thilenius, 
Williams  of  Caldwell,  and  \Villiams  of  Scot- 
land— 33. 

:   Noes — Messrs.  Davis  of  New  Madrid.  Gil- 
I  bert  of  Platte,  Holcomb,  Husmann,  Martin. 
|  Mxdorf,  Owens.  Rohrer,  St.  Gem,  and  Mr. 
President— 10. 

Absent  with  Leave  —  Messrs.  Adams, 
Bedford.  Esther,  Gamble.  Gilstrap.  Gram- 
■mer,  Green,  Hughes.   Morton.   Smith  of 
I  Worth.  Switzler.  and  Weatherby— 12. 

Absext  without  Leave — Messrs,  Clover, 
(D'Oench,  Ellis.  Fiiley,  Fletcher,  Foster, 
4  Linton,  and  Martin — 8. 
Sick— Mr.  Mitchell— 1 . 

So  the  motion  to  suspend  was  agreed  to. 

The  question  then  being  on  the  adop- 
I)  tion  of  the  amendment  to  the  twenty-fourth 
I  rule,  Mr.  Boxham  demanded  the  ayes  and 
noes  thereon,  and  the  vote  being  taken,  stood 
1  as  follows : 

Ayes — Messrs.   Barr.   Bonham.  Budd, 
Bunce,  Childress.  Clover,  Cowden,  Davis 
;  of  Nodaway.  Dodson,  Drake,  Evans,  Fii- 
ley, Folmsbee,  Fuikerson,  Gilbert  of  Law- 
i  rence.  Henderson.  Holdsworth.  Holland, 
I  Hume,  King,  Leonard.  McPherson.  Mack. 
,  Newgent,  Peck,  Rankin,  Smith  of  Mercer, 
■■  Strong,  Sutton.  Swearingen,  Williams  of 
Caldwell,  and  Williams  of  Scotland— 32. 

Noes— Messrs.  Bush,  Davis  of  New  Ma- 
drid, D'Oench.  Foster,  Gilbert  of  Platte, 
Holcomb.  Husmann.  Linton.  McKernan. 
Martin.  Meyer.  Xixdorf,  Owens,  Rohrer, 
(  St.  Gem.  Thilenius.  and  Mr.  President— 17. 
Absext  with  Leave  —  Messrs.  Adam-. 
Bedford.  Esther.  Gamble.  Gilstrap.  Gram- 
mer.  Green.  Hughes.  Morton.  Smith  of 
Worth.  Switzler.  and  Weatherby— 12. 

Absext  without  Leave — Messrs.  Ellis 
and  Fletcher— 2. 
Sick— Mr.  Mitchell— 1. 

So  the  amendment  to  the  twenty-fourth 
standing  rule  was  adopted. 

Mr.  Drake  moved  to  reconsider  the  vote 
by  which  the  following  amendment  to  the 
article  on  Impeachment  was  adopted: 

Amend  article  on  Impeachment  by  strik- 
ing out  of  section  first,  second  line,  the 
words  "the  courts.*'  and  insert  the  words 
* ;  courts  of  record. ' ' 

Which  motion  was  agreed  to . 

Mr.  Drake  moved  the  rejection  of  the 
amendment,  which  motion  was  agreed  to. 

Mr  Drake  moved  that  the  article  on  Im- 
peachment, as  amended,  be  engrossed,  pre- 


paratory to  a  third  reading,  which  motion 
was  agreed  to. 

The  pending  amendment  to  the  article  on 
Legislative  Department  was  taken  up :  and 
the  question  being  on  the  rejection  of  the 
same,  Mr.  Owens  demanded  the  ayes  and 
noes  thereon,  and  the  vote  being  taken,  stood 
as  follows : 

Ayes — Messrs.  Bush,  D'Oench,  Foster, 
Holcomb.  Husmann.  Linton.  McKernan, 
Meyer.  Xewgent.  Xixdorf,  Owens,  Rohrer, 
St.*  Gem,  Swearingen,  Thilenius.  and  Mr. 
President — 16. 

Noes  —  Messrs.  Barr.  Bonham.  Budd. 
Bunce,  Childress.  Clover.  Cowden,  Davis  of 
Nodaway.  Dodson.  Drake.  Ellis.  Evans, 
Fiiley.  'Folmsbee.  Fuikerson.  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Henderson, 
Holdsworth.  Holland.  Hume,  King,  Leon- 
ard, McPherson,  Mack,  Martin,  Peck.  Ran- 
kin. Smith  of  Mercer,  Strong.  Williams  of 
Caldwell,  and  Williams  of  Scotland— 32. 

Absext  with  Leave  —  Messrs.  Adams, 
Bedford.  Esther.  Gamble.  Gilstrap,  Grain  - 
mer.  Green,  Hughes.  Morton,  Smith  of 
Worth,  Switzler.  and  Weatherby — 12. 

Absent  without  Leave — Messrs.  Davis 
of  NewT  Madrid,  Fletcher,  and  Sutton — 3. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  not  rejected. 

Mr.  Owexs  offered  the  following  amend- 
ment to  the  pending  amendment: 

Strike  out  the  word  *  'one. ' '  and  insert  the 
word  • '  two . " ' 

The  question  then  being  on  the  amend- 
ment of  Mr.  Owens.  Mr.  Boxham  demanded 
the  ayes  and  noes  thereon;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Bush.  D'Oench.  Foster. 
Gilbert  of  Platte.  Henderson,  Holland.  Hus- 
mann, Linton.  McKernan.  Meyer,  New- 
gent.  Nixdorf.  Owens,  Rohrer,  St.  Gem. 
Swearingen,  Thilenius.  and  Mr.  Presi- 
dent—IS. 

Noes  — Messrs.  Barr,  Bonham.  Budd, 
Childress.  Clover.  Cowden.  Davis  of  Noda- 
way. Dodson,  Drake.  Folmsbee.  Fuikerson, 
Gilbert  of  Lawrence.  Holdsworth,  Hume, 
King.  McPherson.  Mack,  Peck.  Rankin, 
Smith  of  Mercer.  Strong.  Sutton,  and 
Williams  of  Scotland — 23. 

Absext  with  Leave— Messrs.  Adams, 
Bedtord.  Esther.  Gamble.  Gilstrap.  Gram- 
mer,  Green,  Hughes.  Martin.  Morton, 
Smith  of  Worth."  Switzler.  and  Weath- 
erby—13. 

Absext  without  Leave — Messrs.  Bunce, 
Davis  of  New  Madrid.  Ellis.  Evans.  Fiiley, 
Fletcher,  Holcomb,  Leonard,  and  Williams 
of  Caldwell— 9. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  rejected. 

The  question  then  being  on  the  adop- 
tion of  the  pending  amendment.  Mr.  Box- 


144 


ham  demanded  the  ayes  and  noes  thereon, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Bndd, 
Bunce,  Childress,  Clover,  Cowden,  Davis 
of  Nodaway,  Dodson,  Drake,  Folmsbee, 
Fulkerson,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Henderson,  Holdsworth,  Hume, 
King,  McPherson,  Mack,  Peck,  Rankin, 
Smith  of  Mercer,  Strong,  Sutton,  and  Wil- 
liams of  Scotland — 26. 

Noes— Messrs.  Bush,  D'Oench,  Ellis, 
Foster,  Holland,  Husmann,  Linton,  Mc- 
Kernan,  Meyer,  Newgent,  Nixdorf,  Owens, 
Rohrer,  St.  Gem,  Swearingen,  Thilenius, 
and  Mr.  President— 17. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Esther,  Gamble,  Gilstrap,  Grain  - 
mer,  Green,  Hughes,  Martin,  Morton, 
Smith  of  Worth,  Switzler,  and  Weatherby — 
13. 

Absent  without  Leave — Messrs  Davis 
of  New  Madrid,  Evans,  Filley,  Fletcher, 
Holcomb,  Leonard,  and  Williams  of  Cald- 
well—7. 

Sick — Mr .  Mitchell — 1 . 

So  the  amendment  was  agreed  to . 

On  request  of  Mr.  Owens,  leave  of  ab- 
sence was  granted  him  for  one  week. 

On  motion  of  Mr.  Bush,  the  Convention 
adjourned  until  half-past  2  o'clock  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  article  on  Legislative  Department, 
with  pending  amendments,  as  reported  back 
from  the  Committee  of  the  Whole,  was 
taken  up. 

The  following  amendment  to  section  third 
was  read  and  agreed  to: 

Strike  out  the  word  ''or,  "  in  the  seventh 
line,  and  insert  the  word  ;  'and. ' ' 

The  following  amendment  to  section  third, 
in  lines  third  and  fourth,  was  read  and 
agreed  to : 

Strike  out  the  word  "district,"  where  it 
occurs  therein,  and  insert  in  lieu  thereof 
the  word  ''county"  in  each  place;  and 
strike  out  of  line  fifth  the  words  '  'or  coun- 
ties." 

The  following  amendment  to  section  third, 
line  sixth,  was  read  and  agreed  to: 

Strike  out  the  words  '"in  the  year  of  his 
election  or  the  year  next  preceding. ' ' 

The  following  amendment  to  section 
fourth  was  read  and  agreed  to : 

Strike  out  the  word  '  'two, ' '  and  insert  in 
lieu  thereof  the  wrord  '  'four. ' ' 


The  following  amendment,  by  addition  tc 
section  fifth,  was  read  and  agreed  to: 

When  any  county  shall  constitute  a  sena- 
torial district,  and  shall  be  entitled  to  more 
than  one  Senator,  the  county  court  shall 
cause  such  county  to  be  subdivided  into  as 
many  compact  and  convenient  districts  as 
such  county  may  be  entitled  to  Senators, 
which  districts  shall  be.  as  near  as  may  be, 
of  equal  population,  and  the  qualified  voters 
of  each  of  such  districts  shall  elect  one 
Senator,  who  shall  be  a  resident  of  such 
district. 

The  following  amendment  to  section  fifth 
was  read  and  agreed  to : 

Strike  out  the  words  '  'in  the  year  of  his 
election,  or  the  year  next  preceding. ' ' 

The  following  amendment  to  section  sixth, 
line  sixth ,  was  read  and  agreed  to : 

Strike  out  the  word  '  'five, ' '  and  insert  in 
lieu  thereof  the  word  "six.  " 

The  following  amendment  to  section  sixth 
was  read  and  agreed  to : 

Strike  out  of  first  line  the  words  "and 
Representatives,"  and  by  inserting  in  the 
second  line  the  word  "inhabitants;"  and 
by  striking  out  of  line  second  the  word 
"they,"  and  inserting  in  lieu  thereof  the 
words  '  'Senators  and  Representatives; ' '  arid 
by  inserting  in  line  third,  before  the  word 
"apportionment,"  the  words  "rule  of." 

The  following  amendment  to  section  ninth 
was  read  and  agreed  to : 

At  the  regular  session  of  the  General 
Assembly  chosen  at  said  election,  the 
Senators  shall  be  divided  into  two  equal 
classes .  Those  elected  from  districts  bearing 
odd  numbers  shall  compose  the  first  class, 
and  those  elected  from  districts  bearing  even 
numbers  shall  compose  the  second  class. 
The  seats  of  the  first  class  shall  be  vacated 
at  the  end  of  the  second  year  after  the  day 
of  said  election,  and  those  of  the  second 
class  at  the  end  of  the  fourth  year  after  that 
day,  so  that  one-half  of  the  Senators  shall 
be  chosen  every  second  year.  In  districting 
any  count}'  for  the  election  of  Senators,  the 
districts  shall  be  numbered,  so  as  to  effect- 
uate the  division  of  Senators  into  classes, 
as  required  in  this  section. 

The  following  amendment  to  section 
twelfth  was  read  and  agreed  to : 

If  any  Senator  or  Representative  remove 
his  residence  from  the  district  or  county  for 
which  he  was  elected,  his  office  shall  thereby 
be  vacated. 

The  following  amendment  to  section  six- 
teen was  read  and  agreed  to : 

By  adding  thereto,  '  'but  no  law  increasing 
such  compensation  shall  take  effect  in  favor 
of  the  members  of  the  General  Assembly 
by  which  the  same  shall  have  been  passed. 


145 


The  following  amendments  to  section  six- 
«en  were  read  and  agreed  to : 

j  Strike  out  the  word  4ka,"  in  the  second 
due,  and  insert  the  word  "such.  "  Strike 
but  the  word  ••which,"  in  same  line,  and 
[nsert  4 -as."  Strike  out  the  words  "in- 
creased or  diminished,"  in  same  line,  and 
nsert  the  word  4  'provided. ' ' 

I  The  following  amendment  to  section 
twenty -four  was  read  and  agreed  to : 

!  Insert  in  seventh  line,  before  the  word 
I  'collection, ' '  the  words  4  'assessment  or, ' ' 
land  by  inserting  in  eighth  line,  before  the 

.vord  "collector, ' '  the  words  4  'assessor  or. ' ' 

j;  The  following  amendment  to  section 
twenty -four,  line  twelve,  was  read  and 
Igreed  to: 

j  Strike  out,  after  the  word  "provision," 
the  following  words :  4  4  may  at  the  time  exist 
imder  any,"  and  insert  in  lieu  thereof  the 
[following  words :  4  4  can  be  made  by ; "  and 
Itrike  out  the  word  4  4 and, ' '  after  the  word 
I 'law,"  in  twelfth  line,  and  insert  in  lieu 
-thereof  the  word  4  4 but. ' ' 

The  following  amendment  to  section 
twentj'-five  was  read  and  agreed  to : 

i  Strike  out  section  twenty-five  to  section 
thirty,  inclusive. 

The  following  amendment  was  read : 

Amend  by  adding  the  following  section,  to 
[tome  in  after  section  thirty-two : 

j  Sec.  — .  The  General  Assembly  shall  pass 
to  law,  nor  make  any  appropriation,  to 
ompensate  the  former  masters  or  claimants 
It  slaves  emancipated  from  servitude  by  the 
ordinance  abolishing  slavery  in  Missouri, 
adopted  on  the  eleventh  day  of  January,  one 
[housand  eight  hundred  and  sixty-five. 

Mr.  Strong  offered  the  following  as  a 
pbstitute  for  section  — ,  to  come  in  after 
lection  thirty-two,  which  was  read  and 
[greed  to: 

i  The  General  Assembly  shall  have  no  power 
id  make  compensation  for  emancipated  slaves. 

The  following  amendment  was  read: 

Insert  as  a  new  section,  between  sections 
hirty-three  and  thirty-four,  the  following 
vorcls :  The  General  Assembly  shall  have  no 
power  to  remove  the  county  seat  of  any 
bounty,  unless  two-thirds  of  the  qualified 
roters  of  the  county,  at  a  general  election, 
hall  vote  in  favor  of  such  removal.  No 
iompensation  or  indemnity  for  real  estate,  or 
he  improvements  thereon,  affected  by  such 
removal,  shall  be  allowed. 
|  Mr.  Owens  offered  the  following  substitute 
herefor,  which  was  disagreed  to: 

The  General  Assembly  shall  have  no  power 
to  pass  laws  authorizing  compensation  or 


indemnity  for  real  estate,  or  the  improve- 
ments thereon,  affected  by  the  removal  of 
any  county  seat. ' ' 

The  question  then  being  on  the  original 
amendment,  it  was  agreed  to. 

The  following  amendment  was  read  and 
agreed  to : 

Strike  out  the  thirty-sixth  section. 

The  following  amendment  was  read  as  a 
new  section : 

The  General  Assembly  shall  have  no  power 
to  establish  any  new  county  with  a  territory 
of  less  than  five  hundred  square  miles,  or 
with  a  population  less  than  the  ratio  of 
representation  existing  at  the  time;  nor  to 
reduce  any  county  now  established  to  less 
than  that  area,  or  to  less  population  than 
such  ratio. 

To  which  Mi'.  Williams  of  Caldwell 
offered  the  following  amendment,  which  was 
read  and  disagreed  to : 

Strike  out  "five  hundred"  and  insert 
• 4 four  hundred. ' ' 

The  new  section  was  then  agreed  to . 

The  following  amendment  to  section 
thirty-two,  by  adding  thereto  the  following, 
was  read : 

On  the  final  reading  of  every  bill,  the 
question  upon  its  passage  shall  be  taken  by 
ayes  and  noes,  which  shall  be  entered  upon 
the  journal  of  each  house. 

To  which  Mr.  Strong  offered  the  follow- 
ing substitute : 

No  bill  shall  be  passed  unless  by  the  assent 
of  a  majority  of  all  the  members  elected  to 
each  branch  of  the  General  Assembly,  and 
the  question  upon  the  final  passage  shall  be 
taken  immediately  upon  its  last  reading,  and 
the  ayes  and  noes  entered  upon  the  journal. 

The  question  being  on  adopting  the 
substitute  of  Mr.  Strong  for  the  reported 
amendment,  Mr.  Dkake  demanded  the  a)'es 
and  noes  thereon,  and  the  vote  being  taken 
stood  as  follows : 

Ayes — Messrs.  Bush,  Childress,  Clover. 
Cowden,  D'Oench,  Foster,  Gilbert  of  Law- 
rence, Gilbert  of  Platte,  Henderson,  Hume, 
Husmann,  Linton.  McKernan,  Martin, 
Meyer,  Newgent,  Nixdorf,  Owens.  Rohrer, 
St.'  Gem,  Strong,  SWearingen,  Thilenius, 
and  Mr.  President — 24. 

Noes — Messrs.  Barr,  Bonham,  Davis  of 
Nodaway,  Dodson,  Drake,  Evans,  Folms- 
bee,  Fulkerson,  Holcombe,  Holland,  King, 
McPherson,  Mack,  Peck,  Smith  of  Mercer, 
Sutton,  and  Williams  of  Scotland — 17. 

Absent  with  Leave— Messrs.  Adams, 
Bedford,  Esther,  Gamble,  Gilstrap,  Gram- 
mer,  Green,  Hughes.  Morton,  Smith  of 
Worth,  Switzler,  and  Weatherby — 12. 


146 


Absent  without  Leave— Messrs .  Budd, 
Bunce,  Davis  of  New  Madrid,  Ellis,  Filley, 
Fletcher,  Holdsworth,  Leonard,  and  Ran- 
kin—9. 

Excused  from  Voting— Mr.  Williams  of 
Caldwell— 1. 

Sick— Mr .  Mitchell— 1 . 

So  the  substitute  to  the  amendment  was 
adopted . 

The  question  then  being  on  adopting  the 
amendment,  as  amended  by  the  substitute, 
it  was  adopted . 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fifth,  sixth  line,  by  striking 
out  the  word  uor,"  and  inserting  in  lieu 
thereof  the  word  "and. " 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 


Amend  section  seventh  by  striking  out  of 
second  line  the  word  4  -  such, ' '  and  inserting 
in  lieu  thereof  the  word  "senatorial. ' ' 

Mr.  Bonham  offered  the  following  amend- 
ment: 

Strike  out  section  twelfth ,  as  numbered  in 
the  original  article  on  Legislative  Depart- 
ment. 

Pending  which,  Mr.  Drake  offered  the 
following  amendment,  which  was  adopted: 

Amend  section  twenty-fourth  by  insert- 
ing, after  the  word  "town,"  in  eleventh 
line,  the  words  "or  exempting  any  property 
of  any  named  person  or  corporation  from  j 
taxation. ' ' 

On  motion  of  Mr.  Clover,  the  Conven- 
tion adjourned  until  half-past  9  o'clock  to- 
morrow morning. 


FIFTY-THIRD  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 
Prayer  by  Rev.  Dr.  Eliot. 
Mr.  Mack  offered  the  following  resolution : 

Resolved,  That  the  thirteenth  rule  of  this 
Convention,  as  amended  on  the  13th  of  Feb- 
ruary, 1865,  be  amended  by  striking  out  the 
word  "fifteen,"  and  inserting  in  place 
thereof  the  word  k '  ten . ' ' 

Mr.  Mack  moved  the  suspension  of  the 
rules,  so  as  to  enable  him  to  introduce  his 
amendment  now. 

On  which,  Mr.  demanded  the  ayes 

and  noes,  and  the  vote  being  taken,  stood 
as  follows: 

Ayes — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Clover,  Cowden,  Davis  of 
Nodaway,  Dodson,  D'Oench,  Ellis,  Folms- 
bee,  Foster,  Fulkerson.  Gilbert  of  Law- 
rence, Henderson,  Holdsworth,  Holland, 
Hume,  King,  McKernan,  McPherson,  Mack, 
Newgent,  Nixdorf,  Peck,  Rankin,  Strong, 
Sutton,  Swearingen,  Williams  of  Caldwell, 
and  Williams  of  Scotland — 32. 

Noes — Messrs.  Fletcher,  Gilbert  of  Platte, 
Holcomb,  Husmann,  Leonard,  Linton,  Mar- 
tin, Meyer,  Owens,  Rohrer,  St.  Gem,  Thi- 
lenius,  and  Mr.  President — 13. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Esther,  Gamble,  Gilstrap,  Gram- 
mer,  Green,  Hughes,  Morton,  Smith  of 
Worth,  Switzler,  and  Weatherby— 12.. 


SATURDAY,  March  11th,  1865. 

absent  without  Leave — Messrs.  Bush, 
Davis  of  New  Madrid,  and  Evans — 3. 

Sick — Messrs.  Drake,  Filley,  Mitchell, 
and  Smith  of  Mercer — 4. 

So  the  motion  was  agreed  to. 

The  question  then  being  on  the  adoption  of 
the  amendment  to  the  amendment  of  the 
thirteenth  rule ,  the  ayes  and  noes  were  de- 
manded thereon,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Cowden,  Davis  of  Noda- 
way, Dodson,  D'Oench,  Ellis,  Fletcher, 
Foimsbee,  Foster,  Fulkerson,  Gilbert  of 
Lawrence,  Henderson,  Holdsworth,  Hol- 
land, Hume,  King,  Leonard,  McKernan, 
McPherson,  Mack,  Newgent,  Nixdorf, 
Owens,  Peck,  Rankin,  Rohrer,  St.  Gem. 
Strong,  Sutton,  Swearingen,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President— 37. 

Noes — Messrs.  Clover,  Gilbert  of  Platte, 
Holcomb,  Husmann,  Linton,  Martin,  Meyer, 
and  Thilenius— 8. 

Absent  with  Leave — Messrs.  Adams. 
Bedford,  Esther,  Gamble,  Gilstrap,  Gram- 
mer,  Green,  Hughes,  Morton,  Smith  of 
Worth,  Switzler,  and  Weatherby — 12. 

Absent  without  Leave — Messrs.  Bush, 
Davis  of  New  Madrid,  and  Evans— 3. 

Sick — Messrs.  Drake,  Fillej^,  Mitchell, 
and  Smith  of  Mercer — 4. 

So  the  amendment  to  the  amendment  wa» 
adopted . 


Mr.  Newgent  offered  a  communication 
from  the  John  Brown  Council  (LoyalLeague), 
dated  Kansas  City.  Missouri,  March  3.  1865, 
sustaining  him  in  his  course  taken  relative 
to  deposing  certain  judical  officers ,  which 
was  read  for  information  and  laid  on  the 
table. 

By  request  of  Mr.  Bare,  leave  of  absence 
was  granted  to  Mr.  Peck  for  four  days. 

By  request  of  Mr.  Owens,  leave  of  ab- 
sence was  granted  to  Mr.  Davis  of  New 
Madrid  for  nine  days . 

The  pending  amendment  to  the  article  on 
Legislative  Department,  offered  by  Mr.  Bon- 
ham,  was  taken  up.  and  the  question  being 
on  the  adoption  of  the  same.  Mr.  Bonham 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken,  stood  a-s  follows : 

Ayes  —  Messrs.  Barr,  Bonham.  Budd, 
Childress.  Davis  of  Nodaway,  Dodson.  Ellis, 
Evans.  Folmsbee,  Foster,  Fulkerson,  Gil- 
bert of  Lawrence,  Henderson.  Holcomb, 
Holds  worth.  Holland.  Hume.  King.  Mc- 
pherson, Mack.  Meyer.  Newgent,  Peck, 
Rankin.  Smith  of  Mercer,  Strong.  Sutton. 
Swearin°:en.  Williams  of  Caldwell,  and 
Williams  of  Scotland— 30. 

Noes —  Messrs.  Bunce.  Bush.  Clover. 
Cowden,  D'Oench.  Fletcher.  Gilbert  of 
Platte.  Husmann.  Leonard.  Linton,  McKer- 
nan.  Martin.  Nixdorf,  Owens.  Rohrer,  St. 
Gem,  Thilenius,  and  Mr.  President — 18. 

Absent  with  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid.  Esther, 
Gamble.  Gilstrap,  Grammer,  Green,  Hughes, 
Morton.  Smith  of  Worth.  Switzler,  and 
Weatherby— 13. 

Sick — Messrs.  Drake,  Fillev.  and  Mitchell 
—3. 


So  the  amendment  was  adopted. 
Mr .  Husmann  offered  the  following  amend- 
ment : 

Amend  sections  three  and  five,  second 
line,  by  striking  out  the  words  "white 
male."' and  striking  out,  in  third  line,  the 
words  "an  inhabitant.*'  and  inserting,  in 
lieu  thereof,  the  words  '  *a  qualified  voter." 

Mr.  Fletcher  moved  that  the  Con- 
vention adjourn  until  half-past  9  o'clock 
Monday  morning,  on  which  motion  Mr. 

 demanded  the  ayes  and  noes,  and  the 

vote  being  taken,  stood  as  follows : 
•  Ayes  —  Messrs.  Barr,  Bonham.  Budd, 
Bunce.  Childress.  Clover,  Cowden,  Davis 
of  Nodaway.  Dodson,  Ellis.  Evans,  Fletch- 
er, Folmsbee.  Gilbert  of  Platte.  Holcomb, 
Holdsworth.  Hume,  Leonard,  McPherson, 
Mack.  Martin,  Newgent,  Owens,  Peck, 
Rohrer,  Smith  of  Mercer,' Strong,  Sutton, 
and  Swearingen — 29. 

Xoes — Messrs.  Bush.  D'Oench,  Fulker- 
son, Gilbert  of  Lawrence,  Holland,  Hus- 
mann.. King,  Linton,  McKernan,  Meyer, 
Nixdorf.  St.  Gem,  Thilenius,  William's  of 
Caldwell.  Williams  of  Scotland,  and  Mr. 
President — 16 . 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Esther.  Gamble,  Gilstrap,  Gram- 
mer, Green.  Hughes,  Morton.  Smith  of 
Worth.  Switzler.  Weatherbv.  and  Davis  of 
New  Madrid— 13. 

Absent  without  Leave — Messrs.  Foster, 
Henderson  and  Rankin — 3. 

Sick — Messrs.  Drake.  Fillev.  and  Mitch- 
ell—3. 

So  the  motion  to  adjourn  was  agreed  to, 
and  the  Convention  adjourned  until  Monday 
morning  next  at  half-past  nine  o'clock. 


FIFTY-POUETH  F3i^Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Holcomb  asked  and  obtained  leave  of 
absence  for  Mr.  Leonard  for  one  week. 

Mr.  Bonham  offered  the  following  resolu- 
tion : 

Resolved,  That  no  person  shall  be  permitted 
to  debate  or  explain  his  vote,  on  the  call  for 
the  ayes  and  noes,  after  the  roll  has  com- 
menced being  called. 

Mr.  Strong  offered  as  a  substitute  therefor 
the  following : 


MONDAY,  March  13th,  1865. 

Resolved,  That  no  person  shall  be  permitted 
to  debate  the  question  on  the  call  of  the  ayes 
and  noes,  or  to  occupy  more  than  two 
minutes  in  explaining  his  vote. 

After  debate,  the  resolution  and  substitute 
were  withdrawn . 

The  pending  amendment  to  the  article  on 
the  Legislative  Department,  offered  by  Mr. 
Husmann,  was  called  up;  the  amendment 
being  divided,  the  question  was  on  the 
following : 


148 


Amend  section  three,  second  line,  by 
striking-  out  the  words  '  'white  male. ' ' 

On  which  Mr.  Bonham  demanded  the  ayes 
and  noes,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Budd,  D'Oench,  Drake, 
Ellis,  Evans,  Foster,  Gilbert  of  Lawrence, 
Holcomb,  Holland,  Husmann,  King,  Linton, 
Meyer,  Nixdorf,  Rohrer,  St.  Gem,  Strong, 
Thilenius,  Williams  ot  Caldwell,  Williams 
of  Scotland,  and  Mr.  President — 21. 

JStoes — Messrs.  Barr,  Bonham,  Bunce, 
Childress,  Cowden,  Davis  of  Nodaway, 
Folmsbee,  Fuikerson,  Gilbert  of  Platte, 
Henderson,  Holdsworth,  Hume,  McKernan,_ 
McPherson,  Mack,  Martin,  NewTgent,  Kan- 
kin,  Smith  of  Mercer,  Sutton,  and  Swearin- 
gen — 21 . 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  ot  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green.  Hughes, 
Leonard,  Morton,  Owens,  Peck,  Smith  of 
Worth,  Switzler,  and  Weatherby — 1G. 

Absent  without  Leave — Messrs.  Bush, 
Clover,  Dodson,  Filley,  and  Fletcher— 5 . 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  rejected. 

The  question  then  being  on  striking  out 
the  word  '  'white, ' '  in  second  line  of  section 
fifth,  Mr.  Strong  demanded  the  ayes  and 
noes,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Budd,  Bush,  D'Oench, 
Drake,  Ellis,  Evans,  Filley,  Foster,  Gilbert 
of  Lawrence,  Holcomb,  Holland,  Husmann, 
King,  Linton,  Meyer,  Nixdorf,  Rohrer,  St. 
Gem,  Thilenius,  Williams  of  Caldwell,  Wil- 
liams of  Scotland,  and  Mr.  President — 22. 

Noes — Messrs.  Barr,  Bonham,  Bunce, 
Childress,  Cowden,  Davis  of  Nodaway, 
Dodson,  Folmsbee,  Fuikerson,  Gilbert  of 
Platte,  Henderson,  Holdsworth,  Hume, 
McKernan,  McPherson,  Mack,  Martin, 
Newgent,  Rankin,  Smith  of  Mercer,  Strong, 
Sutton,  and  Swearingen — 23. 

Absent  with  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green,  Hughes, 
Leonard,  Morton,  Owens,  Peck,  Smith  of 
Worth,  Switzler,  and  Weatherby — 16, 

Absent  without  Leave — Messrs.  Clover 
and  Fletcher. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  rejected. 

The  question  then  being  on  the  last  por- 
tion of  the  amendment  offered  by  Mr.  Hus- 
mann, viz: 

Strike  out  of  section  third,  in  third  line, 
and  section  fifth,  in  second  line,  the  words 
"an  inhabitant, ' '  and  insert  in  lieu  thereof 
the  words  '  'a  qualified  voter, ' ' 

Mr.  Bonham  demanded  the  ayes  and  noes 
thereon,  which  being  taken,  the  vote  stood 
as  follows : 


Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bush,  Childress,  Davis  ot  Nodaway,  D'Oench, 
Drake,  Ellis,  Evans,  Filley,  Foster,  Fuiker- 
son, Gilbert  of  Lawrence,  Holcomb,  Holds- 
worth,  Holland,  Hume,  Husmann,  King, 
Linton.  McKernan,  McPherson,  Mack,  New- 
gent, Nixdorf,  Rohrer,  St.  Gem,  Strong, 
Swearingen,  Thilenius,  Williams  of  Cald- 
well, and  Mr.  President— 33. 

Noes — Messrs.  Bunce,  Cowden,  Dodson, 
Folmsbee,  Gilbert  of  Platte.  Henderson, 
Martin,  Rankin,  Smith  of  Mercer,  Sutton, 
and  Williams  of  Scotland — 11. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green  Hughes, 
Leonard,  Morton,  Owens,  Peck,  Smith  ot 
Worth,  Switzler,  and  Weatherby — 16. 

Absent  without  Leave — Messrs.  Clover, 
Fletcher,  and  Meyer— 3. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  adopted. 
Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  third,  third  line,  by  insert- 
ing, after  the  word  "•and,"  the  words  "an 
inhabitant. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fifth,  in  third  line,  by  in- 
serting, after  the  word  "and,"  the  words 
'  'an  inhabitant. ' ' 

Mr.  Bonham  offered  the  following  amend- 
ment: 

Amend  section  fourth,  second  line,  by 
striking  out  the  word  '  'four, ' '  and  inserting 
the  word  ' '  two . ' ' 

On  this  amendment  Mr.  Bush  demanded 
the  ayes  and  noes,  which  being  taken,  the 
vote  stood  as  follows : 

Ayes — Messrs.  Bonham,  Budd,  Childress 
Davis  of  Nodaway,  Holdsworth,  Hume, 
McPherson,  Mack,  Williams  of  Caldwell, 
and  Williams  of  Scotland — 10. 

Noes — Messrs.  Barr,  Bunce,  Bush,  Cow- 
den, Dodson,  D'Oench,  Drake,  Ellis,  Ev- 
ans, Filley,  Foster,  Fuikerson,  Gilbert  of 
Lawrence,  Gilbert  of  Platte,  Henderson, 
Holcomb,  Holland,  Husmann,  King,  Lin- 
ton, McKernan,  Martin,  Newgent,  .Nixdorf, 
Rankin.  Rohrer,  St.  Gem,  Smith  of  Mercer, 
Strong,  Sutton.  Swearingen,  Thilenius,  and 
Mr.  President— 33. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green, 
Hughes,  Leonard,  Morton,  Owens,  Peck, 
Smith  of  Worth,  Switzler,  and  Weatherbv 
—16. 

Absent  without  leave — Messrs.  Clover, 
Fletcher,  Folmsbee,  and  Meyer — 4. 
Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  rejected. 


149 


Mr.  Strong  offered  the  following  as  a  new 
'  section : 

Insei't  as  a  new  section  between  sections 
twenty -fourth  and  twenty-fifth:  No  prop- 
1 1  erty,  real  or  personal ,  shall  be  exempt  from 
taxation,  except  such  as  is  used  exclusively 
;  for  public  schools,  and  such  as  may  belong 
II  to  the  United  States,  to  the  State  of  Missouri, 
I  to  counties,  or  to  municipal  corporations 
I  within  this  State. 

Mr.  Budd  moved  to  amend  Mr.  Strong's 
I  proposition,  by  adding  thereto  the  follow- 
ing: 

Provided,  personal  property  belonging  to 
non-residents,  shall  not  be  taxed  for  State, 
county,  or  municipal  purposes. 

Mr.  Linton  offered  the  following  arnend- 
I  ment  to  the  amendment: 

Provided,  this  section  shall  not  be  so  con- 
I  strued  as  to  tax  orphan  asylums  or  grave- 
I  yards. 

The  question  then  being  on  the  amend- 
ment to  the  amendment,  offered  by  Mr. 
Linton,  it  was  disagreed  to. 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Budd,  it  was  disagreed 
to. 

The  question  then  being  on  the  addi- 
\  tional  section  to  the  article  on  Legislative 
.  Department,  as  offered  by  Mr.  Strong, 
Mr.  Bonham  demanded  the  ayes  and  noes 
)  thereon,  and  the  vote  being  taken,  stood  as 
.  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Buuce,  Bush.  Childress,  Clover,  Cowden, 

,  Davis  of  Nodaway,    Dodson,  D'Oench, 
Drake.  Evans,  Filley,  Folmsbee,  Fidkerson, 

i  Henderson,  Holcomb,  Holdsworth,  Hume, 
King,  McPherson,  Mack,  Meyer,  Nixdorf, 

:  Rankin.  Smith  of  Mercer,  Strong.  Thile- 

j  nius,  Williams  of  Caldwell,   Williams  of 
Scotland,  and  Mr.  President — 32. 

Noes — Messrs.  Foster,  Gilbert  of  Law- 
rence, Gilbert  of  Platte,  Holland,  Linton, 
McKernan,  Martin,  Newgent,  Sutton,  and 

|  Swearingen — 10. 

Absent  with  Leave — Messrs.  Adams, 

i  Bedford,  Davis  of  New  Madrid,  Esther, 

:  Gamble,     Gilstrap,     Grammer,  Green, 
Hughes,  Leonard,  Morton,  Owens,  Peck, 

'  Smith  of  Worth,  Switzler,  and  Weatherby 

Absent  without  Leave — Messrs.  Ellis, 
i  Fletcher,  Husmann,  Rohrer,  and  St.  Gem 
—5. 

Sick— Mr.  Mitchell— 1. 

So  the  section  was  adopted. 

On  motion  of  Mr.   ,  the  Convention 

j  adjourned  until  half-past  2  o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  request  of  Mr.  Bush,  leave  of  absence 
was  granted  Mr.  Husmann  for  this  after- 
noon. 

Mr.  Drake  moved  to  reconsider  the  vote 
adopting  the  amendment  to  the  fifth  section, 
striking  out  of  the  second  line  the  words 
••an  inhabitant,"  and  inserting,  in  lieu 
thereof,  the  words  '  'a  qualified  voter, ' '  and 
striking  out  of  the  third  line  the  word 
"four,"  and  inserting,  in  lieu  thereof,  the 
word  i  'two;' '  which  motion  was  agreed  to. 

Mr.  Drake  offered  the  following  amend- 
ment to  the  said  amendment,  which  was 
read  and  adopted: 

Amend  the  amendment  by  striking  out  the 
word  '  'two, ' '  and  inserting,  in  lieu  thereof, 
the  word  ' '  three . ' ' 

The  amendment,  as  amended,  was  then 
adopted. 

Mr.  Bonham  offered  the  following  amend- 
ment : 

Amend  section  three  by  striking  out,  in 
lines  six  and  seven,  all  after  the  word 
"taken." 

Which  amendment  was  disagreed  to. 
Mr.  Budd  offered  the  following,  as  an  ad- 
ditional section : 

Municipal  corporations  chartered  by  this 
State  may  have  power  to  open  streets  or 
alleys,  within  any  part  of  their  corporate 
limits,  provided  they  pay  the  value  of  prop- 
erty taken  for  such  purpose. 

Which  was  disagreed  to . 

On  motion  of  Mr.  Drake,  the  article  on 
Legislative  Department  was  ordered  to  be 
engrossed  for  a  third  reading. 

On  motion  ot  Mr.  Bush,  the  article  on 
Banks  and  Corporations  was  taken  up. 

Mr.  Strong  moved  that  the  article  on 
Banks  and  Corporations  be  referred  to  the 
Committee  of  the  Whole;  on  which  Mr.  Wil- 
liams of  Caldwell  demanded  the  ayes  and 
noes,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Dodson,  Evans,  Folmsbee, 
Gilbert  of  Lawrence,  Gilbert  of  Platte,  Hen- 
derson, Hume,  King,  McPherson,  Strong, 
and  Mr.  President— 11. 

Noes — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Bush,  Childress,  Davis  of  Nodaway, 
D'Oench,  Drake,  Foster.  Fulkerson,  Hol- 
comb, Holdsworth,  Holland,  Linton,  Mc- 
Kernan, Mack,  Martin,  Meyer,  Newgent, 


150 


Kixdorf,  Rankin,  Sutton,  Swearingen,  Thi- 
lenius,  Williams  of  Caldwell,  and  Williams 
of  Scotland— 27. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green,  Hughes, 
Husmann,  Leonard,  Morton,  Owens,  Peck, 
Smith  of  Worth,  Switzler  and  Weatherby 
-17. 

Absent  without  Leave— Messrs  Clover, 
Cowden,  Ellis,  Filley,  Fletcher,  Rohrer,  St. 
Gem,  and  Smith  of  Mercer — 8. 

Sick— Mr.  Mitchell— 1. 

So  the  Convention  refused  to  refer  the  ar- 
ticle to  the  Committee  of  the  Whole. 

Mr.  Drake  offered  the  following-  as  a  sub- 
stitute for  section  one  of  article  on  Banks 
and  Corporations: 

Strike  out  section  first,  and  insert,  in  lieu 
thereof,  the  following : 

The  General  Assembly  shall  not  pass  any 
flaw  incorporating,  or  authorizing  the  incor- 
poration of  any  bank,  with  authority  to 
issue  notes,  bills,  or  other  paper,  or  circu- 
lating medium,  or  renewing,  or  extending 
the  charter  of  any  such  bank  heretofore  es- 
tablished, beyond  the  period  now  rixed  by 
law  for  its  termination,  or  relieving  any 
such  bank  from  any  penalty  or  forfeiture  it 
may  have  incurred,  or  may  hereafter  incur. 

Which  was  disagreed  to. 
Mr.  Drake  offered  the  following  amend- 
ment: 

Amend  by  adding  the  following  section: 
Sec.  — .  No  law  shall  be  passed  reviving 
or  re-enacting  any  act  heretofore  passed 
creating  any  private  corporation,  where  such 
corporation  shall  not  have  been  organized 
and  commenced  the  transaction  of  its  busi- 
ness within  one  year  from  the  time  such  act 
took  effect,  or  within  such  other  time  as  may 
have  been  prescribed  in  such  act  for  such 
organization  and  commencement  of  business. 

Which  was  adopted. 

Mr.  Holland  offered  the  following  amend- 
ment : 

Amend  section  first  by  inserting,  in  fifth 
line,  after  the  word  "money,"  the  words 
4  6  or  with  the  privilege  of  discounting  any 


bond,  note,  bill,  or  check;  or  of  receiving  or 
disbursing  deposits ;  or  of  buying  or  selling 
exchange. ' ' 

Which  was  disagreed  to. 

Mr.  Drake  moved  to  strike  out  section 
second,  which  was  agreed  to. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fifth,  first  line,  by  striking 
out  the  words  "incorporated  district,"  and 
inserting  in  lieu  thereof  the  word  '  'town. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment: 

Strike  out  section  eighth,  and  insert  in  lieu 
thereof  the  following:  Dues  from  private 
corporations  shall  be  secured  by  such  indi- 
vidual liabilities  and  other  means  as  may  be 
prescribed  by  law;  but  in  all  cases  each 
stockholder  shall  be  liable,  over  and  above 
the  stock  by  him  or  her  owned,  and  any 
amount  unpaid  thereon,  in  a  further  sum  at 
least  equal  in  amount  to  such  stock. 

Pending  which,  Mr.  Strong  offered  the 
following  amendment  to  the  amendment  of 
Mr.  Drake: 

Amend  by  striking  out  the  words  "indi- 
vidual liabilities  and  other. ' ' 

Pending  which,  Mr.  Strong  offered  the 
following  amendment: 

Amend  by  striking  out  section  ninth  of 
article  on  Banks  and  Corporations. 

Which  was  agreed  to. 
Mr.  Drake  offered  the  following  amend- 
ment, wThich  was  adopted: 

Amend  section  first  by  striking  out  all 
after  the  word  "money, ' '  in  fourth  line. 

Mr.  Drakk  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fifth,  third  line,  by  striking 
out  the  word  4  '  party , ' '  and  inserting  in  lieu 
thereof  the  word  '  'person. ' ' 

On  motion  of  Mr.  Smith  of  Mercer,  the 
Convention  adjourned  until  half-past  9 
o'clock  to-morrow  morning. 


151 


FIFTY-FIFTH  JDASY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Cole. 

A  communication  from  the  Union  League 
of  Appleton,  Cape  Girardeau  county,  asking 
{[the  Convention  to  prohibit  disloyal  attorneys 
from  practicing-  in  the  courts,  was  read  for 
information,  and  laid  on  the  table. 

The  article  on  Banks  and  Corporations  was 
then  taken  up ,  and  the  question  being  on  the 
following  pending  amendment  to  the  amend- 
ment offered  by  Mr.  Strong,  to-wit: 

Strike  out.  after  the  word  4 -such,"  the 
words  ''individual  liabilities  and  other," 

The  same  was  adopted. 
The  question  then  recurred  on  the  amend- 
linentas  amended,  to-wit: 

Strike  out  section  eight,  and  insert  in  lieu 
thereof  the  following":  Dues  from  private 
corporations  shall  be  "secured  by  such  means 
as  may  be  prescribed  by  law;  but  in  all  cases 
.stockholders  shall  be  individually  liable,  over 
?and  above  the  stock  by  him  or  her  owned, 
land  any  amount  unpaid  thereon,  in  a  further 
sum,  at  least  equal  in  amount  to  such  stock. 

On  which  question,  Mr.  Drake  demanded 
i the  ayes  and  noes,  which  being  taken,  the 
vote  stood  as  follows: 

Ayes — Messrs.  Barr,  Bonham,  Bunce, 
Childress,  Cowden,  Dodson,  Drake,  Ellis, 
Evans,  Fletcher.  Folmsbee,  Fulkerson, 
Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Henderson.  Holcomb,  Holdsworth,  Hughes! 
Hume.  King,  McKernan,  McPherson,  Mack, 
Xewgent.  Rankin,  Smith  of  Mercer,  Strong, 
Sutton.  Swearingen,  and  Williams  of  Cald- 
well—30. 

Noes — Messrs.  Budd,  Bush.  Davis  of 
Nodaway,  D'Oench,  Foster,  Holland,  Hus- 
mann.  Linton.  Martin.  Nixdorf,  Rohrer, 
!  St.  Gem.  and  Mr.  President— 13. 

Absent  with  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green,  Leon- 
ard, Morton.  Owens,  Peck.  Smith  of  Worth, 
Switzler.  and  Weatherby — 15. 

Absent  without  Leave — Messrs.  Clover, 
Filley,  Meyer,  Thilenius,  and  Williams  of 
Scotland — 5. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  adopted . 

Mr.  Krekel  offered  the  following  amend- 
ment : 


TUESDAY,  March  14th,  1865. 

Amend  fourth  section  by  inserting  after 
the  word  *  'corporation, ' '  in  second  line, 
••except  such  as  have  heretofore  obtained  a 

loan  of  credit,  and  not  exceeding  millions 

of  dollars. 

Which,  after  debate,  was  withdrawn. 

Mr.  Budd  offered  the  following  amend- 
ment : 

Amend  section  four,  second  line,  by 
adding,  after  the  word  ••loaned,"  the 
words  •  'directly  or  indirectly.  * ' 

Which  was  disagreed  to . 
Mr.  Bush  offered  the  following  amend- 
ment: 

Amend  by  adding  to  section  four  the  words 
••except  for  the  purpose  of  securing  or 
converting  loans  heretofore  extended  to 
certain  railroad  corporations  by  this  State. ' ' 

Pending  which.  Mr.  Drake  offered  the 
following  amendment : 

Strike  out  section  four,  and  insert  in  lieu 
thereof  the  following:  The  credit  of  this 
State  shall  never  be  given  or  loaned  to  any 
person,  association  or  corporation ;  nor  shall 
the  State  ever  subscribe  for  stock  in  any 
corporation . 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Bush,  Mr.  St.  Gem 
demanded  the  ayes  and  noes  thereon ;  and 
the  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Bush.  D'Oench.  Filley, 
Gilbert  of  Platte.  Holland.  Husmann,  King, 
Linton,  and  Mr.  President — 9. 

Noes — Messrs.  Barr.  Bonham,  Budd, 
Bunce.  Childress,  Clover.  Cowden.  Davis 
of  Nodaway,  Dodson,  Drake.  Ellis.  Evans, 
Folmsbee.  Fulkerson,  Gilbert  of  Lawrence, 
Henderson,  Holcomb,  Holds  worth.  Hughes, 
Hume,  McKernan,  McPherson,  Mack, 
Martin,  Xewgent,  Nixdorf,  Rankin.  Rohrer, 
St.  Gem,  Smith  of  Mercer.  Strong.  Sutton, 
Swearingen,  Thilenius,  Williams  of  Cald- 
well— 35 . 

Absent  with  Leave  —  Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble.  Gilstrap,  Grammer,  Green,  Leon- 
ard. Morton.  Owens,  Peck.  Smith  of  Worth, 
Switzler,  and  Weatherby — 15. 

Absent  w  i  t  h  o  u  t  Leave  —  Messrs . 
Fletcher,  Foster,  Meyer,  and  Williams  of 
Scotland — i. 

Sick— Mr.  Mitchell— 1. 
So  the  amendment  was  not  agreed  to. 
Mr.  Drake  then  withdrew  his  amendment. 
Mr.  Drake  offered  the  following  amend- 
ment : 


152 


Amend  section  fonr  by  striking  out  the 
words  '  'the  State  shall  not  hereafter  become 
a  stockholder  in  any  bank,  nor  shall, ' '  and 
by  striking-  oat  the  word  '  'ever, ' '  in  second 
line,  and  inserting  in  lieu  thereof  the  words 
"shall  not. " 

Which  was  adopted. 

Mr.  Bon  ham  offered  the  following  as  an 
additional  section : 

The  General  Assembly  shall  have  no 
power,  for  any  purpose  whatever,  to  release 
the  lien  held  by  the  State  upon  any  railroad. 

On  motion  of  Mr.  Drake,  leave  of  absence 
was  granted  the  Secretary  for  the  remainder 
of  the  week* 

On  motion  of  Mr.  Gilbert  of  Lawrence, 
the  Convention  adjourned  until  half-past  two 
o'clock,  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Meyer  offered  the  following  resolu- 
tion ,  which  M  as  adopted : 

Resolved  That  the  Committee  on  Accounts 
are  authorized  to  audit  and  pay  such  claims 
as  the  funds  in  their  hands  will  admit  of. 

Mr.  Meyer,  Chairman  of  the  Committee 
on  Accounts,  presented  the  following  bill  for 
incidental  expenses : 

1865. 

Jan.  25.  For  express  charges,  Statutes  of  Mo...$  13  75 


Feb.    1.  For  telegram  to  Auditor  of  State   2  00 

"    10.    11      "          "       "           "    58 

"  10.  For  revenue  stamps   12  00 

"  10.  For  Sergeant-at-arms,  trip  to  Boone.  50  00 
"  10  For  telegram  received  from  E.  H.  E. 

Jameson  .   1  30 

Feb.  11.  For  postage  stamps  refundeci  to  Sec'y.  2  00 

Mar.   6.  For  Webster's  Dictionary   15  00 

"     9.  For  telegraph  charges  refunded  to  the 

President   21  00 

Jan.  18.  To  postage  stamps  furnished  to  Con- 
vention  340  00 

"  31.  To  postage  stamps  furnished  to  Con- 
vention  290  00 

Mar.  7.  For  advertisement  in  Missouri  Radical  4  CO 
Jan.  20.  For  messenger  for  carrying  Ordinance 

of  Emancipation  to  Jefferson  City...  50  00 
Mar.  12.  For  stationery,   to   C   G.  Thalmann 

&Co..   44  55 


$846  55 

On  motion  of  Mr.  Williams  of  Caldwell, 
the  above  account  was  allowed. 

The  pending  additional  section  on  Banks 
and  Corporations,  offered  by  Mr.  Bonham, 
was  called  up, 

Pending  which ,  Mr.  Strong  was  appointed 
to  fill  the  place  of  Mr.  Bucld  on  the  Commit- 
tee on  Engrossing. 

The  question  being  on  the  adoption  of  the 
additional  section  offered  by  Mr.  Bonham  to 


the  article  on  Banks  and  Corporations,  Mr. 
Bonham  demanded  the  ayes  and  noes  there- 
on, and  the  vote  being  taken,  stood  as  fol- 
lows : 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Cowden,  Davis  of  Noda- 
way, Dodson,  Drake,  Evans,  Folmsbeee, 
Fulkerson,  Henderson,  Holcomb,  Holds- 
worth,  Hume,  Linton,  McKernan ,  McPher- 
son,  Mack,  Newgent,  Nixdorf,  St.  Gem, 
Smith  of  Mercer,  Strong,  Sutton.  Swearin- 
gen,  Williams  of  Caldwell,  and  Williams  of 
Scotland— 29. 

Noes— Messrs.  Bush,  D'Oench,  Fletcher, 
Foster,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Holland,  Hughes,  Husmaim,  King;, 
Martin,  Rankin,  Thilenius,  and  Mr.  Presi- 
dent—14. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble,  Grlstrap,  Grammer,  Green,  Leon- 
ard, Morton,  Owens,  Peck,  Smith  of  Worth , 
Switzler,  and  Weatherby — 15. 

Absent  without  Leave — Messrs.  Clover, 
Ellis,  Filley,  Meyer,  and  Rohrer— 15. 

Sick— Mr.  Mitchell— 1 . 

So  the  additional  section  was  adopted. 

Mr.  Kbekel  offered  the  following  amend- 
ment: 

Amend  hv  adding  to  section  four  the; 
words  "except  for  the  purpose  of  securing 
loans  heretofore  extended  to  certain  railroad 
corporations  by  this  State. ' ' 

On  this  amendment  Mr.  Bonham  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Barr,  Bush,  Childress, 
D'Oench,  Evans,  Fletcher,  Foster,  Gilbert 
of  Lawrence,  Gilbert  of  Platte,  Holland, 
Hughes,  Hume.  Husmann,  King,  McKer- 
nan, Mack,  Martin,  Nixdorf,  Rankin,  Thi- 
lenius, Williams  of  Caldwell,  and  Mr.  Presi- 
dent—22. 

Noes — Messrs.  Bonham.  Budd,  Clover, 
Cowden,  Davis  of  Nodaway.  Dodson,  Drake, 
Folmsbee,  Fulkerson,  Henderson.  Holcomb, 
Holds  worth,  Linton,  McPherson,  Newgent, 
St.  Gem,  Strong,  Sutton,  Swearingen,"  and 
Williams  of  Scotland— 20. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green,  Leon- 
ard. Morton,  Owens,  Peck,  Smith  of  Worth, 
Switzler,  and  Weatherby — 15. 

Absent  without  Leave— -Messrs .  Bunce, 
Ellis,  Filley,  Meyer,  Rohrer,  and  Smith  of 
Mercer— 6/ 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  adopted. 
Mr.  Drakc  offered  the  following  as  a  sub- 
stitute for  section  five: 

Strike  out  section  five,  and  insert,  in  lieu 
thereof,  the  following:  The  General  As- 
sembly shall  not  authorize  any  county,  city, 


153 


or  town  to  become  a  stockholder  in,  or  to 
loan  its  credit  to,  any  company,  association, 
j  or  corporation. 

Mr.  Bonham  offered  the  following  amend- 
ment to  the  amendment  of  Mr.  Drake: 

Amend  the  amendment  by  adding  thereto 
tne  following  words:  Unless  two-thirds  of 
the  qualified  voters  of  such  county,  city,  or 
town,  at  a  regular  or  special  election  to  be 
held  therein,  "shall  assent  thereto. 

Which  was  agreed  to. 

The  question  then  being  on  the  adoption 
of  the  substitute,  as  amended,  Mr.  Bon- 
ham demanded  the  ayes  and  noes,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bonham,  Bunce, 
Childress,  Cowden,  Dodson,  Drake,  Ful- 
kerson.  Henderson,  Iloldsworth,  Holland, 
Hume,  King,  Linton,  McKernan,  McPher- 
son,  Mack.  Newgent,  Nixdorf,  St.  Gem, 
Strong,  Sutton,  Swearingen,  Williams  of 
Caldwell,  and  Mr.  PresidemV-25. 

Noes — Messrs.  Bush,  Clover,  Davis  of 
Nodaway,  D'Oench,  Evans,  Folmsbee,  Fos- 
ter, Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Hoicomb,  Husmann,  K.ohrer,  Thilenius. 
and  Williams  of  Scotland — 14. 

Absext  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green,  Leon- 
ard, Morton,  Owens,  Peck,  Smith  of  Worth, 
Switzler.  and  Weatherby — 15. 

Absent  without  Leave — Messrs.  Budd, 


Ellis,  Filley,  Fletcher,  Hughes.  Martin, 
Meyer,  Rankin,  and  Smith  of  Mercer — 0. 

Sick— Mr.  Mitchell— 1. 

So  the  substitute  was  adopted. 

Mr.  Clover  moved  that  the  Convention 
adjourn. 

On  this  motion,  Mr.  D'Oench  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Barr,  Bonham,  Bunce, 
Childress,  Clover.  Cowden.  Davis  of  Noda- 
way, Dodson,  Ellis,  Folmsbee.  Foster. 
Fulkerson,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Henderson,  Hoicomb,  Holds  worth, 
Hume,  Husmann,  McKernan,  Mack,  Nix- 
dorf,  Rankin,  Rohrer,  Sr.  Gem,  Strong. 
Sutton,  and  Thilenius — 28. 

Noes — Messrs.  Bush,  D'Oench,  Drake, 
Evans,  Holland.  King,  Linton,  MePherson, 
Newgent,  Swearingen,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—13. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Gamble,  Gilstrap,  Grammer,  Green,  Leon- 
ard, Morton,  Owens,  Peck,  Smith  of  Worth, 
Switzler,  and  Weatherby — 15. 

Absent  without  Leave — Messrs.  Budd, 
Filley,  Fletcher,  Hughes,  Martin,  Meyer, 
and  Smith  of  Mercer — 7. 

Sick — Mr.  Mitchell— 1. 

So  the  motion  to  adjourn  was  agreed 
to,  and  the  Convention  adjourned  until 
to-morrow  morning  at  half-past  9  o'clock. 


FIFTY-SIXTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  St.  Gem.  the  ordinance 
providing  for  the  vacating  of  certain  civil 
offices  in  the  State,  which  was  postponed 
until  to-day,  was  laid  over,  and  made  the 
special  order  for  to-morrow  morning  at  10 
o'clock. 

On  motion  of  Mr.  Bush,  the  article  on 
Banks  and  Corporations  was  taken  up. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  third  by  striking  out  of 
first  line  the  words  "it  shall  be  the  duty 
of,"  and  hy  inserting,  after  the  word 
"Assembly,"  in  the  line  first,  the  word 
"shall;"  by  striking  out  of  line  second  the 
word  "to,  "  before  the  word  k  'enact; ' '  by 


WEDNESDAY,  March  loth,  1865. 

striking  out  of  line  third  the  words  ;  'further 
to,  "  and  inserting  in  lieu  thereof  the  words 
"shall  also;"  and  by  striking  out  of  line 
third  the  word  *wthe, "  before  the  word 
"State,"  and  inserting  in  lieu  thereof  the 
word  "this;"  and  by  striking  out  of  line 
fourth  the  words  "bf  Missouri,"  where 
they  first  occur  therein. 

Mr.  Krekel  offered  the  following  amend- 
ment: 

Amend  section  fifth,  as  amended,  by 
striking  out  the  words  "two-thirds,"  and 
inserting  in  lieu  thereof  '  -  a  majority. '  * 

The  question  then  being  on  the  adoption 
of  this  amendment,  Mr.  Bonham  demanded 
the  ayes  and  noes  thereon,  and  the  vote 
being  taken ,  stood  as  follows : 

Ayes— Messrs.  Davis  of  Nodaway.  D'Oench, 
Folmsbee,  Foster,  Fulkerson,  Gilbert  of 


154 


Lawrence,  Gilbert  of  Platte,  Holcomb, 
Hughes,  Husmann,  Kino-,  Morton,  Newgent, 
Nixdorf,  Thilenius,  and  Mr.  President— 16. 

Noes— Messrs.  Barr,  Bonham,  Childress, 
Clover,  Cowden,  Doclson,  Drake,  Ellis, 
Fletcher,  Henderson,  Holdsworth,  Holland, 
Hame,  Linton,  McPherson,  Mack,  Rankin, 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Strong, 
Sutton,  Swearingen,  Williams  of  Caldwell, 
and  Williams  of  Scotland — 25. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Green,  Leonard,  Owens,  Peck,  and  Switzler 
—9. 

Absent  without  Leave — Messrs.  Budd, 
Bunce,  Bush,  Filley,  Gamble,  Gilstrap, 
Gra miner,  McKernan,  Martin,  Mack,  Smith 
of  Worth,  and  Weatherby— 12. 

Sick — Messrs.  Evans  and  Mitchell — 2. 

So  the  amendment  was  not  agreed  to. 
Mr.  D'Oench  offered  the  following  as  an 
additional  section: 

Sec.  — .  The  General  Assembly  shall  not 
change,  alter  or  amend  the  charters  of 
incorporated  cities  and  towns,  unless  such 
changes,  alterations  or  amendments  are 
requested  by  a  majority  of  the  qualified  voters 
of  such  cities  or  towns . ' ' 

The  question  then  being  on  the  adoption 
of  this  additional  section,  Mr.  Drake 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bush,  Childress,  Clover. 
D'Oench,  Foster,  Gamble,  Gilbert  of  Law- 
rence, Holcomb,  Husmann,  Linton,  Mack, 
Martin,  Morton,  Rankin,  Rohrer,  Strong, 
Thilenius,  and  Mr.  President— 18. 

Noes — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Cowden,  Davis  of  Nodaway,  Dodson, 
Drake,  Evans,  Fletcher,  Fulkerson,  Gilbert 
of  Platte,  Henderson,  Holland,  Hume, 
King,  McKernan,  McPherson,  Newo-ent, 
Nixdorf,  Sutton,  Swearingen,  and  Williams 
of  Scotland— 23. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Green,  Leonard,  Owens,  Peck,  and  Switzler 
—9. 

Absent  without  Leave — Messrs.  Ellis, 
Filley,  Folmsbee,  Gilstrap,  Grammer, 
Holdsworth,  Hughes,  Meyer,  St.  Gem. 
Smith  of  Mercer,  Smith  of 'Worth,  Weath- 
erby, and  Williams  of  Caldwell — 13. 

Sick— Mr.  Mitchell— 1. 

So  the  section  was  not  agreed  to . 
Mr.  Bush  offered  the  following  as  a  substi- 
tute for  section  fifth ,  as  amended : 

The  General  Assembly  shall  provide  for 
the  organization  of  cities  and  incorporated 
towns,  and  shall  restrict  their  power  of 
taxation,  assessment,  borrowing  money, 
and  loaning  their  credit,  so  as  to  prevent 
abuses  in  assessments  and  in  contracting 
debt,  by  such  municipal  corporations. 


Mr.  Drake  demanded  the  ayes  and  noes 
on  this  substitute,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Bush,  Evans,  Gilbert  of 
Lawrence,  Linton,  Martin,  Morton,  New- 
gent,  and  Mr.  President — 8. 

Noes — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Clover,  Cowden,  Davis  of  Nodaway, 
Dodson,  D'Oench,  Drake.  Fletcher,  Fulker- 
son, Gamble,  Gilbert  of  Platte,  Henderson, 
Holcomb,  Holland,  Hume,  Husmann,  King, 
McKernan,  McPherson,  Mack,  Nixdorf, 
Rohrer,  Strong,  Sutton,  Swearingen;  and 
Williams  of  Scotland— 29. 

Absent  with  Leave  —  Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Green,  Leonard,  Owens,  Peck,  and  Switz- 
ler—9. 

Absent  without  Leave  — Messrs.  Chil- 
dress, Ellis,  Filley,  Folmsbee,  Foster,  Gil- 
strap, Grammer,  Holdsworth,  Hughes, 
Meyer,  Rankin,  St.  Gem,  Smith  of  Mercer, 
Smith  of  Worth,  Thilenius,  Weatherbv, 
and  Williams  of  Caldwell— 17. 

Sick— Mr.  Mitchell— 1. 

So  the  substitute  was  not  agreed  to. 

On  motion  of  Mr.  Drake,  the  article  on 
Banks  and  Corporations  was  ordered  to  be 
engrossed  for  a  third  reading. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  two  o'clock, 
P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment t 
the  President  in  the  chair. 

Mr.  Williams  of  Caldwell  asked  and 
obtained  leave  of  absence  for  Mr.  St.  Gem, 
for  this  afternoon . 

On  motion  of  Mr.  Bonham,  the  article  on 
the  Judicial  Department  was  taken  up. 

Mr.  D'Oench  offered  the  following  amend- 
ment thereto: 

Amend  section  seven,  first  line,  by  striking 
out  '  'eight' '  and  inserting  '  'six. ' ' 

Which  was  disagreed  to. 
Mr.  Drake  offered  the  following,  as  an 
additional  section,  to  follow  section  eleven: 
'  Section  — .  The  State,  except  the  county 
of  St.  Louis,  shall  be  divided  into  four  dis- 
tricts, each  of  which  shall  embrace  at  least 
three  judicial  circuits,  and  in  each  of  which 
districts  a  court  shall  be  held  at  such  times 
as  may  be  provided  by  law,  to  be  known  as 
the  district  court.  Each  district  court  shall 
be  held  by  the  judges  of  the  circuit  courts  of 
the  circuits  embraced  in  the  district  in  which 
such  court  shall  be  held,  a  majority  of  whom 
shall  be  a  quorum .  The  district  courts  shall, 
within  their  respective  districts,  have  like 


155 


riginal  jurisdiction  with  the  supreme  court, 
ncf  appellate  jurisdiction  from  all  final 
udgments  of  the  circuit  courts  within  the 
istrict;  and,  after  the  establishment  of  such 
listrict  courts,  no  appeal  or  writ  of  error 
hall  lie  from  -any  circuit  court  to  the 
upreme  court,  but  shall  be  prosecuted  to 
he  district  court,  from  which  an  appeal  or 
I  VTit  of  error  maybe  taken  to  the  supreme 
ourt. 

[|  Mr.  Bonham  offered  the  following  amend- 
bent : 

Amend  section  thirteen,  in  line  one,  by 
folding  after  the  word  ''circuits"  the  fol- 
owing:  "Not  to  exceed  sixteen  until  the 
'ear  1880,  when  the  General  Assembly  may 
ocrease  the  number. ' ' 

Mr.  Mack  moved  to  amend  the  amend-  . 
nent  of  Mr.  Bonham,  as  follows: 

Strike  out  4  'sixteen' '  and  insert  '  'fifteen,"  j 
Ijilso  strike  out  "1880"  and  insert  "1875."  ' 

Which  was  disagreed  to. 

The  question  then  being  on  the  pending 
amendment  offered  by  Mr.  Bonham,  Mr. 
Husmann  demanded  the  ayes  and  noes 
phereon,  and  the  vote  being  taken,  stood  as 
follows : 

.  Ayes — Messrs .  Davis  of  Nodaway,  Drake , 
Evans,  Fulkerson,  Gamble.  Gilbert  of  Law-  j 
rence,   Holdsworth,  Hughes,  McPherson,  j 
Mack,   Rankin,  Strong,   and  Williams  of  j 
Scotland— 13. 

Noes — Messrs.  Bush,  Clover,  Cowden, 
Godson,  D'Oench,  Gilbert  of  Platte,  Hol- 
land. Husmann,  King,  Linton,  McKernan, 
Martin,  Morton  Newgent,  Nixdorf,  Eohrer, 
Smith  of  Mercer.  Sutton,  Swearingen,  Thi- 
lenius,  and  Mr.  President— 21. 


Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Green,  Leonard,  Owens,  Peck,  St.  Gem, 
and  Switzler — 10. 

Absent  without  Leave — Messrs.  Barr, 
Bonham.  Budd,  Bunce,  Childress,  Ellis, 
Filiey,  Fletcher,  Folmsbee,  Foster,  Gil- 
strap,  Grammer,  Holcomb,  Hume,  Meyer, 
Smith  of  Worth,  Weatherby.  and  Williams  of 
Caldwell— 18. 

Sick — Messrs.  Henderson  and  Mitchell — 2* 

So  the  amendment  was  not  agreed  to. 

On  motion  of  Mr.  Husmann,  a  call  of  the 
house  was  ordered,  and  the  following  mem- 
bers answered  to  their  names: 

Messrs.  Barr.  Bunce,  Bush,  Childress- 
Clover,  Cowden,  Davis  of  Nodaway,  Dod, 
son,  D'Oench.  Drake,  Evans,  Fletcher- 
Folmsbee.  Foster,  Fulkerson,  Gamble.  Gil, 
bert  of  Lawrence,  Gilbert  of  Platte,  Holds- 
worth,  Holland,  Hughes,  Husmann,  King' 
Linton,  McKernan,  McPherson,  Mack.  Mar, 
tin,  Meyer.  Morton,  Newgent,  Nixdorf, 
Rankin.' Eohrer,  Smith  of  Mercer,  Strong, 
Sutton.  Swearingen,  Thilenius.  Williams  of 
Scotland,  and  Mr.  President— 41. 

Absent  with  Leave — Messrs.  Adams, 
Bedford  Davis  of  New  Madrid.  Esther, 
Green,  Leonard,  Owens,  Peck,  Switzler, 
and  St.  Gem— 10. 

Absent  without  Leave- -Messrs.  Bon- 
ham, Budd,  Ellis,  Filley,  Gilstrap,  Gram- 
mer, Holcomb,  Hume,  Smith  of  Worth, 
Weatherby,  and  Williams  of  Caldwell— 11. 

Sick— Messrs.  Henderson  and  Mitchell— 2. 

On  motion  of  Mr.  Barr,  further  proceed- 
ings under  the  call  were  dispensed  with. 

On  motion  of  Mr.  Strong,  the  Convention 
adjourned  until  half-past  9  o'clock  to-mor- 
row morniuo-. 


FIFTY-SEVENTH  F)A_Y. 


Convention  met  pursuant  to  adjournment, 
;  the  President  in  the  chair. 

Prayer  by  Rev.  Dr.  Nelson. 

Mr.  Husmann  asked  to  be  excused  from 
further  service  on  the  Committee  on  En- 
grossed Bills. 

Mr.  Drake  moved  that  Mr.  Husmann  be 
excused,  which  was  disagreed  to. 

On  motion  of  Mr.  St.  Gem,  the  special 
business  for  this  morning,  being  the  ordi- 
nance for  the  vacating  of  certain  civil  officers 
in  the  State,  was  taken  up. 


THURSDAY,  March  16th,  1865. 

The  question  recurring  on  the  amendment 
of  Mr.  Switzler,  Mr.  Bush  offered  the  fol- 
lowing as  a  substitute  for  the  first  section  of 
said  article : 

Section  1.  The  Governor  of  the  State  is 
hereby  empowered,  at  any  time  within  six 
months  from  the  passage  of  this  ordinance, 
to  remove  from  office  the  judge  or  clerk  of 
any  court,  the  recorder  of  deeds,  circuit 
attorney,  or  sheriff  of  any  county,  whose 
disloyalty  to  the  Government  of  the  Ignited 
States  ot  America,  or  sympathy  with  the 
existing  rebellion,  shall  be  proved  by  evi- 
dence satisfactory  to  him;  and  he  is  hereby 


156 


empowered  and  directed  to  immediately  fill, 
by  appointment,  all  offices  so  vacated;  and 
persons  by  him  so  appointed  shall  hold  the 
offices  and  execute  the  duties  and  functions 
thereof  from  the  date  of  their  respective 
commissions  until  the  next  general  election, 
when  the  same  shall  be  filled  according  to 
law.  And  the  Governor  shall  make  to  the 
General  Assembly,  on  the  first  day  of  the 
session  thereof  (in  November  next),  a  full 
report  of  all  such  removals  and  appoint- 
ments, and  the  reasons  that  induced  him  to 
make  such  removals. 

The  question  being-  on  the  substitute  of 
Mr.  Bush,  Mr.  Bonutam  demanded  the  ayes 
and  noes  thereon;  and  the  vote  being  taken, 
stood  as  follows : 

Ayes— Messrs.  Bush,  Gilbert  of  Platte, 
Holland,  and  Linton— 4. 

Noes  —  Messrs.  Barr,  Bonham,  Budd, 
Childress,  Glover,  Davis  of  Nodaway^,  Dod- 
son,  D'Oench,  Drake,  Ellis,  Evans,  Filley, 
Fletcher,  Folmsbee,  Foster,  Fulkerson, 
Gamble,  Gilbert  of  Lawrence.  Gil  strap, 
Henderson,  Holcomb,  Holdsworth,  Hume, 
Husmann,  King,  McKernan  McPherson, 
Mack,  Martin,  Meyer.  Newgent,  Nixdorf, 
Rankin,  Rohrer,  St.  Gem,  Smith  of  Mercer. 
Strong,  Sutton.  Swearingen,  Thilenins, 
Weatherby,  Williams  of  Caldwell,  Williams 
of  Scotland,  and  Mr.  President — 44. 

Absent  with  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid,  Esther, 
Green,  Leonard,  Owens,  Peck,  and  Switz- 
ler— 9. 

Absent  without  Leave — Messrs.  Bunce, 
Cowden,  Grammer,  Hughes,  Morton,  and 
Smith  of  Worth— 6. 

Sick— Mr.  Mitchell— 1. 

So  the  substitute  was  not  agreed  to. 

On  motion  of  Mr.  Drake,  the  amend- 
ments offered  by  Mr.  Switzler  were  laid  on 
the  table. 

Mr.  Strong  withdrew  the  amendment 
heretofore  offered  by  him  to  section  first. 

Mr.  Gilstrap  offered  the  following'  amend- 
ment: 

Strike  out  all  of  the  first  section  after  the 
word  ''appointment,"  in  the  sixth  line, 
and  insert  '  'for  the  remainder  of  the  term  of 
each  office,  respectively. ' ' 

Which  was  adopted. 

Mr.    Folmsbee    offered   the  following 
amendment: 

Amend  by  inserting  in  the  third  line,  after 
the  word  "recorders,"  the  words  "and 
of  all  sheriffs." 

Mr.  St.  Gem  offered  the  following  amend- 
ment to  the  amendment  of  Mr.  Folmsbee: 

Amend  the  amendment  by  including  pub- 
lic administrators. 

Whieh  was  disagreed  to . 


The  question  then  being-  on  the  amend 
nieht  of  Mr.  Folmsbee,  it  wras  adopted. 

Mr.  Gilstrap  offered  the  following  amend 
ment: 

Strike  out  all  after  the  date  13G2.  , 
Which  was  disagreed  to. 
Mr.  Drake  ottered  the  following  amend 
ment,  which  was  adopted: 

Every  person  appointed  by  the  Governor 
under  this  ordinance,  shall,  before  entering 
upon  the  discharge  of  the  duties  of  hi; 
office,  take  the  oath  prescribed  in  the  secom 
section  of  the  ordinance  defining  the  quali- 
fications of  voters  and  civil  officers  in  thl 
State,  adopted  June  10,  1862,  and  shal 
give  bond  in  such  form,  in  such  sum,  ant 
with  such  security,  as  are  required  by  ex- 
isting laws. 

Mr.  Martin  asked  leave  of  absence  un- 
til the  1st  of  April,  which  was  granted. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  2  o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Bonham  moved  to  fill  the  blanks  in 
the  fourth  line  of  the  first  section  with  the 
words  "first"  and  "May,"  which  was 
agreed  to . 

Mr.  Bush  offered  the  following  amend- 
ment, and  demanded  the  ayes  and  noes 
thereon : 

Amend  section  first  by  adding  thereto  the 
following-:  Provided,  that  no  member  of  this 
Convention  shall  be  qualified  to  become  an 
appointee  under  this  ordinance,  unless  he 
now  holds  any  of  the  offices  hereby  vacated. 

The  ayes  and  noes  being  taken,  the  vote 
stood  as  follows: 

Ayes— Messrs.  Bush,  Gilbert  of  Platte, 
Husmann,  Morton,  and  Thilenins — 5. 

Noes  —  Messrs.  Barr.  Bonham,  Bunce, 
Childress,  Cowden,  Davis  of  Nodaway,  Dod- 
son,  Drake,  Evans,  Fulkerson,  Gamble, 
Gilbert  of  Lawrence,  Holdsworth,  Hume, 
King,  McKernan,  McPherson,  Mack,  Mar- 
tin, "Rankin,  Roh re)',  St.  Gem,  Smith  of 
Mercer,  Sutton,  Swearingen,  Weatherby, 
Williams  of  Caldwell,  Williams  of  Scotland, 
and  Mr.  President — 29. 

Absent  with  Leave  —  Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Green,  Owens,  Peck,  and  Switzler — 8. 

Absent  without  Leave— Messrs.  Budd, 
Clover,  Dodson,  Ellis,  Filley,  Fletcher, 
Folmsbee,  Foster,  Gilstrap,  Grammer,  Hen- 
derson, Holcomb,  Holland,  Hughes,  Leon- 


157 


rd,  Linton,  Meyer.  Newgent,  Nixdorf, 
mitli  of  Worth ,  and  Strong— 21 . 
Sick— Mr.  Mitchell— 1. 

'  So  the  amendment  was  not  agreed  to. 
Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Strike  out  the  first  sentence  of  the  first 
I  lection .  and  insert  in  lieu  thereof  the  follow- 
Big:  That  the  offices  of  the  judges  of  the 

upreme  court,  of  all  circuit  courts,  and  of 
111  courts  of  record,  established  by  any  act 
llf  the  General  Assembly,  and  those  of  the 
llistices  of  all  county  courts,  and  all  clerks  of 

ny  of  the  aforesaid  courts,  of  all  circuit 
Ijttorneys  and  their  assistants,  and  of  all 
Ijnerifls  and  county  recorders,  shall  be  va- 
cated on  the  first  day  of  May,  one  thousand 
l  ight  hundred  and  sixty-five:  and  the  same 

iiall  be  filled,  for  the  remainder  of  the  term 
|»f  each  of  said  offices,  respectively,  by  ap- 
pointment by  the  Governor.  The  'Governor 
•  [hall,  in  like"  manner  and  with  like  effect,  fill 
liny  vacancy  now  existing  in  any  of  said 
llftices. 

I  Mr.  Morton  moved  to  reconsider  the  vote 
>n  the  amendment  offered  by  Mr.  Bush, 
tad  on  this  motion  Mr.  Husmaisn  demanded 
he  ayes  and  noes,  and  the  vote  being  taken, 
itood  as  follows : 

.  Ayes— Messrs.  Bush,  Gilbert  of  Platte. 
Tusmann,  Linton.  Morton,  Newgent,  Nix- 
iorf.  Swearingen,  Thilenius,  and  Mr.  Presi- 
lent— 10. 

Noes  —  Messrs.  Barr,  Bonham,  Budd, 
punce,  Childress.  Clover.  Cowden,  Davis 
i j>f Nodaway,  Dodson,  Drake.  Evans,  FilhBy, 
fulkerson,  Gamble,  Gilbert  of  Lawrence, 
,'ji-ilstrap ,  Henderson,  Holcomb , Holdsworth, 
Tolland.  Hughes,  Hume,  King,  McKer- 
lan.  McPherson,  Mack.  Martin,  Meyer. 
Kankin,  Rohrer,  St.  Gem.  Sutton.  Weath- 
(irby,  Williams  of  Caldwell,  and  Williams 
m  Scotland — 35. 

I[  Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Ijreen,  Leonard.  Owens,  Peck,  and  Switz- 
er— 9. 

|  Absent  witho d t  L e a v e — Messrs . 
P'Oench,  Ellis,  Fletcher,  Folmsbee,  Fos- 
ter, Grammer,  Smith  of  Mercer,  Smith  of  i 
[worth,  and  Strong — 9. 
Sick— Mr.  Mitchell— 1. 

i  So  the  motion  to  reconsider  was  not 
iigreed  to. 

Mr.  Morton  moved  to  amend  by  adding 
m  the  end  of  section  first  the  following- 
Words: 

Provided,  however,  that  no  offices  shall 
be  vacated  which  were  filled  by  the  election 
held  in  November  last. 

i  Mr.  Morton  demanded  the  ayes  and  noes 
{on  his  motion,  and  the  vote  being  taken, 
stood  as  follows : 


Ayes — Messrs.  Gilbert  of  Platte,  Hughes. 
Linton.  Morton,  and  Sutton— 5. 

Noes — Messrs.  Barr,  Bonham.  Budd. 
Bunce,  Childress,  Clover,  Cowden,  Davis 
of  Nodaway,  Dodson,  Drake,  Ellis.  Evans. 
Filley,  Fulkerson,  Gamble.  Gilbert  of 
Lawrence.  Gilstrap,  Henderson.  Holcomb, 
Holdsworth.  Holland.  Hume,  Husmann, 
King.  McKernan,  McPherson ,  Mack,  Mar- 
tin, Meyer,  Newgent,  Nixdorf,  Rankin, 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Swear- 
ingen, Thilenius.  Weatherby,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 11 . 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Green.  Owens,  Peck,  and  Switzler — S. 

Absent  without  Leave — Messrs.  Bush. 
D'Oench,  Fletcher,  Folmsbee.  Foster, 
Grammer,  Leonard,  Smith  of  Worth,  and 
Strong — 9. 

Sick— Mr.  Mitchell— 1. 
So  the  amendment  was  not  agreed  to. 
Mr.  Gilstrap  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  second  section  by  striking  out  the 
first  and  second  lines  thereof,  and  inserting 
the  following:  No  person  snail  be  prose- 
cuted in  any  civil  action ,  or  criminal  pro- 
ceeding, for  or  on  account  of  any  act. 

Mr.  St.  Gem  offered  the  foil  owing  amend- 
ment: 

Amend  section  second  by  striking  out,  in 
the  third  line,  the  word  •* after.  'v  and  in- 
serting, in  lieu  thereof,  the  words  "prior 
to;"  and  strike  out.  in  line  four,  the  word 
4ioue,"  and  insert,  in  lieu  thereof,  the 
word  k  'live. ' ' 

Which  was  disagreed  to . 
Mr.  Husmann  offered  the  following  amend- 
ment: 

Amend  section  first  by  striking  out  the 
word  •  "May, ' '  and  inserting,  in  lieu  thereof, 
the  word  ''April. ' 1 

Which  was  declared  out  of  order. 
Mr.  Hughes  offered  the  following  amend- 
ment: 

Strike  out  second  section. 

Mr.  Hughes  demanded  the  ayes  and  noes 
on  his  motion,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes— Messrs.  Drake,  Evans,  Gamble. 
Gilbert  of  Platte,  Hughes.  King,  Linton. 
Morton,  and  Sutton — 9." 

Noes  —  Messrs.  Barr,  Bonham.  Budd. 
Bunce,  Bush,  Childress.  Clover,  Cowden, 
Davis  of  Nodaway,  Dodson,  D'Oench. 
Ellis,  Filley,  Foster,  Fulkerson,  Gilbert  of 
Lawrence.  Gilstrap.  Henderson,  Holcomb. 
Holdsworth,  Holland,  Hume,  Husmann. 
McKernan.  McPherson.  Mack.  Morton, 
Meyer,   Newgent,  Nixdorf,  Rohrer,  St, 


158 


Gem,  Smith  of  Mercer,  Strong,  Swearing-en, 
Thilenius,  Weatherby,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—40. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Esther, 
Green,  Leonard,  Martin,  Owens,  Peck,  and 
Switzler— 10. 

Absent  without  Leave — Messrs. 
Fletcher,  Folmsbee,  Rankin,  and  Smith  of 
Worth— 4. 

Sick— Mr.  Mitchell— 1. 

So  the  motion  to  strike  out  section  two 
was  not  agreed  to. 

Mr.  Drake  moved  that  the  ordinance  be 
engrossed  for  a  third  reading. 

On  this  motion  Mr.  Bonham  demanded  the 
ayes  and  noes,  and  the  vote  being  taken 
stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Bndd, 
Bimce,  Bush,  Childress,  Clover,  Cowden, 
Davis  of  Nodaway,  Dodson,  Drake,  Ellis, 


Evans,  Filley,  Foster,  Fnlkerson,  Gamble 
Gilbert  of  Lawrence,  Gilstrap,  Henderson  I 
Holcomb,  Holdsworth,  Holland,  Hume 
Husmann,  King,  McKernan,  McPherson 
Mack,  Meyer,  Newgent,  Mxdorf,  Rohrer 
St.  Gem,  Smith  of  Mercer,  Strong,  Sutton 
Swearingen,  Thilenius,  Weatherby,  William 
of  Caldwell,  Williams  of  Scotland,  and  Mr 
President — 43. 

Noes — Mr.  Hughes — 1. 

Absent  with  Leave — Messrs.  Adams 
Bedford,  Davis  of  New  Madrid,  Esther 
Green,  Leonard,  Martin,  Owens,  Peck,  an* 
Switzler — 10. 

Absent  without  Leave  —  Messrs,1 
D'Oench,  Fletcher.  Folmsbee,  Gilbert  o 
Platte,  Grammer,  Linton,  Morton,  Rankin 
and  Smith  of  Worth — 9. 

Sick— Mr.  Mitchell— 1. 

So  the  motion  to  engross  was  agreed  to. 

On  motion  of  Mr.  Foster,  the  Convention ! 
adjourned  until  half-past  9  o'clock  to-mor-! 
row  morning. 


FIFTY-EIGHTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  McLain. 

Mr.  Gamble  asked  leave  of  absence  for 
Mr.  Rankin  until  Tuesday  next. 

Mr.  Gilbert  of  Platte  asked  that"  the 
leave  of  absence  heretofore  granted  to  Mr. 
Switzler  be  extended  until  to-morrow; 
which  was  granted. 

Mr.  Drake  offered  the  following  amend- 
ment to  the  article  on  the  mode  of  amend- 
ing and  revising  the  Constitution,  which 
was  laid  on  the  table  and  ordered  to  be 
printed : 

Strike  out  section  third,  and  insert  in  lieu 
thereof  the  following :  The  General  Assembly 
may,  at  any  time  or  times  after  the  year 
one  thousand  eight  hundred  and  seventy, 
authorize,  bylaw,  a  vote  of  the  people  to  be 
taken  upon  the  question  whether  a  Conven- 
tion shall  be  held  for  the  purpose  of  revising 
and  amending  the  Constitution  of  this  State; 
and  if.  at  such  election,  a  majority  of  the 
votes  on  the  question  be  in  favor  of  a  Con- 
vention, the  Governor  shall  issue  writs  to 
the  sheriffs  of  the  different  c  ounties,  ordering 
the  election  of  delegates  to  such  a  Conven- 
tion, on  a  day  within  three  months  after  that 
on  which  the  said  question  shall  have  been 
voted  on .  At  such  election ,  each  senatorial 
district  shall  elect  two  delegates  for  each 


FRIDAY,  March  17th,  1865. 

Senator  to  which  it  may  then  be  entitled  in 
the  General  Assembly,  and  every  such 
delegate  shall  have  the  qualifications  of  a 
Senator.  The  election  shall  be  conducted  in 
conformity  with  the  laws  regulating  the 
election  of  Senators.  The  delegates  so  elected 
shall  meet  on  the  fourth  Wednesday  suc- 
ceeding their  election ,  at  such  place  as  may 
be  provided  by  law,  and  organize  themselves 
into  a  Convention ,  in  such  manner  as  they 
may  determine  upon,  and  proceed  to  revise 
and  amend  the  Constitution;  and  the 
Constitution,  when  so  revised  and  amended, 
shall,  on  a  day  to  be  therein  fixed,  not  less 
than  sixty  nor  more  than  ninety  days  after 
that  on  which  it  shall  have  been  adopted  by 
the  Convention,  be  submitted  to  a  vote  of  the 
people  for  and  against  it,  at  an  election  to  be 
held  lor  that  purpose  only;  and  if  a  majority 
of  all  the  votes  given  be  in  favor  ot  such 
Constitution,  it  shall,  at  the  end  of  thirty 
days  after  such  election,  become  the  Consti- 
tution of  this  State.  The  result  of  such 
election  shall  be  made  known  by  proclama- 
tion by  the  Governor.  The  General  Assembly 
shall  have  no  power,  otherwise  than  as  in 
this  section  specified,  to  authorize  a  Conven- 
tion for  amending  the  Constitution;  nor  shall 
any  Convention"  which  ma}^  be  called  for  I 
another  purpose  have  power  to  revise, 
amend,  or  change  any  part  of  the  Constitu- 
tion. 

On  motion  of  Mr.  Drake,  the  article  on 
the  Judicial  Department  was  taken  up. 


Mr.  Drake  offered  the  following  amend-  ' 
nient : 

Insert  the  following  additicmal  section 
next  after  section  eleventh: 

Sec.  — .  The  State,  except  the  county  of; 
St.  Louis,  shall  be  divided  into  not  less  than 
four  districts,  each  of  which  shall  embrace  at 
least  three  judicial  circuits;  and  in  each  dis- 
trict a  court,  to  be  known  as  the  district 
court,  shall  be  held,  at  such  times  and  places 
as  may  be  provided  by  law.    Each  district; 
court  shall  be  held  by  the  judges  of  the  cir- 
cuit courts  embraced  "in  the*  district,  a  major-  j 
ity  of  whom  shall  be  a  quorum .    The  district  j 
courts  shall,  within  their  respective  districts, 
have   like   original  jurisdiction  with  the 
supreme  court,  and  ' appellate  jurisdiction! 
from  the  final  judgments  of  the  circuit  j 
courts,  and  of  all  inferior  courts  of  record 
within  the  district,  except  probate  and  county 
courts .    After  the  establishment  of  such  dis-  j 
trict  courts,  no  appeal  or  writ  of  error  shall 
lie  from  any  circuit  court,  or  inferior  court  of 
record,  to  the  supreme  court,  but  shall  be 
prosecuted  to  the  district  court,  from  the 
final  judgments  of  which  an  appeal  or  writ 
of  error  may  be  taken  to  the  supreme  court.  ! 
in  such  cases  as  may  be  provided  by  law. 

Pending  which.  Mr.  Strong,  Chairman  of  I 
the  Committee  on  Engrossed  Bills,  reported  j 
the  ordinance  vacating  certain  civil  offices  in 
this  State  as  correctly  engrossed. 

Mr.  Strong  offered  the  following  amend- 
ment to  the  second  section,  which  was 
adopted: 

The  provisions  of  this  section  shall  apply 
in  all  cases  where  suits  are  now  pending,  in  i 
the  same  manner  and  with  like  effect  as  in  j 
suits  or  actions  hereafter  brought. 

The  ordinance  was  then  put  upon  its  final 
pas-age. 

Mr.  Folmsbee  moved  a  call  of  the  house, 
which  being  ordered,  the  following  mem- 
6ers  responded  to  their  names: 

Messrs.  Barr,  Bonham.  Budd,  Bunce, 
Childress.  Clover.  Cowden.  Davis  of  Noda- 
way, Dodson,  D'Oench.  Drake,  Ellis,  Ev- 
ans. Folmsbee.  Foster.  Fulker<on.  (ramble,  j 
Gilbert  .>t  Lawrence,  Gilbert  of  Platte  Gil- 
strap,  Henderson,  Holcomb,  Hoidsworth. 
Holland.  Hughes.  Hume.  Husmann,  King. 
Linton.  McKernan,  McPherson,  Mack, 
Meyer.  Morton.  Newgent,  Nixdorf,  Peck, 
Rohrer,  St.  Gem.  Smith  of  Mercer.  Strong, 
Sutton.  Swearingen,  Thilenius.  Weatherby, 
Williams  of  <  aldwell,  Williams  of  Scotland, 
and  Mr.  President — AS. 

Absent  with  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid.  Green. 
Leonard,  Martin.  Owens.  Rankin,  and 
Switzler— 9. 

Abstxt  without  Leave — Messrs.  Bush. 
Esther.  Fillev.  Fletcher,  Grammer,  Smith 
of  Worth— 6.' 

Sick— Mr.  Mitchell— 1. 


On  motion  of  Mr.  Drake,  further  pro- 
ceedings under  the  call  were  dispensed  with. 

The  question  being  on  the  final  passage  of 
the  ordinance  vacating  certain  civil  offices  in 
this  State.  Mr.  Drake  demanded  the  ayes 
and  noes  thereon,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes  —  Messrs.  Barr.  Bonham.  Budd. 
Bunce.  Childress.  Clover.  Cowden.  Davis  of 
Nodaway.  Dodson.  Drake.  Ellis.  Evans, 
Folmsbee,  Foster.  Fulkerson.  Gamble,  Gil- 
bert of  Lawrence.  Gilstrap,  Henderson.  Hol- 
comb,  Hoidsworth,  Holland.  Hume.  FIus- 
mann,  King.  McKernan.  McPherson,  Mack, 
Meyer.  Newgent,  Xixdorf,  Peck.  Pohrer. 
St  Gem,  Smith  of  Mercer,  Strong,  Sutton. 
Swearingen.  Thilenius,  Weatherby,  Williams 
of  Caldwell,  Williams  of  Scotland,  and  Mr. 
President— 43. 

Noes— Messrs.  D'Oench,  Gilbert  of  Platte, 
Hughes,  Linton,  and  Morton— 5. 

Absent  with  Leave  — Messrs.  Adams. 
Bedford.  Davis  of  New  Madrid.  Green.  Leon- 
ard. Martin.  Owens.  Rankin,  and  Switzler — 9. 

Absent  without  Leave— Messrs.  Bush, 
Esther.  Fillev.  Fletcher,  Grammer.  and  Smith 
of  Worth— 6. 

Sick— Mr.  Mitchell— 1. 

So  the  ordinance  was  adopted. 

Mr.  Strong  moved  that  the  vote  last  taken 
be  reconsidered,  and  also  moved  that  the 
motion  to  reconsider  be  laid  on  the  table, 
which  latter  motion  was  agreed  to. 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted : 

Resolved,  That  the  ordinance  providing 
for  the  vacating  of  certain  civil  offices  in  the 
State,  filling  the  same  anew,  and  protecting 
the  citizens  from  injury  and  harassment, 
be  enrolled,  and  authenticated  by  the  signa- 
tures of  the  President  ami  Secr<  tary,  ancT de- 
posited in  the  office  of  the  Secretary  of  State. 

Mr.  Wttj.tams  of  Caldwell  offered  the  fol- 
lowing resolution,  which  was  disagreed  to: 

Resolved,  That  a  copy  of  the  ordinance 
vacating  certain  civil  offices  in  this  State,  and 
for  the  protection  of  citizens  from  injury  and 
harassment,  be  transmitted  to  the  Governor 
of  this  State. 

The  article  on  the  Judicial  Department  was 
then  taken  up,  and  the  question  being  on  the 
adoption  of  the  amendment  offered  by  Mr. 
Drake,  he  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  a,<? 
follows : 

Ayes — Messrs.  Barr.  Bonham.  Budd. 
Bunce.  Childress.  Cowden.  Davis  of  Noda- 
way, Dodson.  D'Oench,  Drake.  Ellis. 
Evans,  Fletcher.  Folmsbee.  Fulkersoni 
Gamble,  Gilbert  of  Lawrence.  Gilstrap. 
Henderson.  Holcomb,  Hoidsworth.  Hughes. 


160 


Hume,  King,  McKernan,  McPherson,  Muck, 
Meyer,  Nevvgent,  Nixdorf,  Peck,  Smith 
of  Mercer,  Strong,  Sutton,  Swearingen, 
Weatherby,  Williams  of  Caldwell,  and 
Williams  of  Scotland— 38. 

Noes — Messrs.  Foster,  Gilbert  of  Platte, 
Holland,  Husmann,  Linton,  Rohrer, 
Thilenius,  and  Mr.  President — 8. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Green, 
Leonard,  Martin,  Owens,  Rankin,  and 
Swi  tzler — 9 . 

Absent  without  Leave — Messrs.  Bush, 
Clover,  Esther,  Filley,  Grammer,  Morton, 
St.  Gem,  and  Smith  of  Worth— 8. 

Sick— Mr,  Mitchell— 1. 

So  the  amendment  was  adopted. 
Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  first  by  inserting  in  second 
line,  after  the  word  "court, 1 ' "the  words 
'  'in  district  courts. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fourth,  line  first,  by 
striking  out  the  word  •  'live, ' '  and  inserting 
in  lieu  thereof  the  word  "three;"  and  by 
striking  out  the  word  '  *  three,' '  and  inserting 
in  lieu  thereof  the  word  k  "two. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  wTas  adopted: 

Amend  section  fifth,  second  line,  by 
striking  out  the  words  "hold  two  sessions 
annually, ' 1  and  inserting  in  lieu  thereof  the 
words  '  kbe  held. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  sixth  by  striking  out  the 
word  "■ten,"  and  inserting  in  lieu  thereof 
the  word  k  '  six . ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  seventh  by  striking  out  of 
second  line  the  word  "five,"  and  also  by 
striking  out  of  fifth  line  the  words  "eight 
and  ten,"  and  inserting  the  word  "and" 
before  the  word  "six."  in  the  same  line; 
and  by  striking  out  of  line  seventh  the  word 
"ten,"  and  inserting  in  lieu  thereof  the 
word  '  'six. ' ' 

On  motion  of  Mr.  E.ohrer,  the  Convention 
adjourned  until  half-past  2  o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  Convention  resumed  the  consideration 
of  the  article  on  the  Judicial  Department. 


Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  thirteen,  by  inserting  in 
line  three,  after  the  word  '  'and,"  the  words 
'  'except  as  hereinafter  provided. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment: 

Amend  section  thirteen  by  striking  out  the 
words  ' '  the  first  general  election  for  circuit 
judges  shall  be  on  the  first  Tuesday  after  the 
first  Monday  in  November,  1869,  and  on  the 
the  same  day  every  six  years  thereafter," 
and  inserting  in  lieu  thereof  the  following: 
"At  the  general  election  in  the  year  one 
thousand  eight  hundred  and  sixty-eight,  and 
at  the  general  election  every  sixth  year 
thereafter,  except  as  hereinafter  provided, 
all  the  circuit  judges  shall  be  elected  ancl 
shall  enter  upon  their  offices  on  the  first 
Monday  of  January  next  ensuing  their 
election. ' ' 

Mr.  Gilstrap  moved  to  amend  the  amend- 
ment as  follows: 

Strike  out  "  18G8  "  and  insert  "one 
thousand  eight  hundred  and  seventy. ' ' 

Which  was  adopted. 

The  amendment  as  amended  was  then 
adopted . 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fourteen  by  striking  out  the 
words  '  'for  the  term  of  six  years. ' 9 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fourteen  hy  inserting  the 
following  between  lines  nine  and  ten:  At 
the  first  session  of  said  court  after  the  judges 
thereof,  who  may  be  elected  in  the  year  one 
thousand  eight  hundred  and  seventy,  shall 
have  assumed  office,  the  said  judges  shall, 
by  lot,  deiermine  the  duration  of  their  several 
terms  of  office,  which  shall  be,  respectively, 
two,  four,  and  six  j^ears;  and  shall  certify 
the  result  to  the  Secretary  of  State.  At  the 
general  election  every  two  years  after  the 
election  in  that  year,  one  judge  of  said  court 
shall  be  elected  to  hold  office  for  the  term  of 
six  years  from  the  first  Monday  of  January 
next  ensuing. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  fourteen  by  inserting  in 
line  eleven,  after  the  word  " require ,  "  the 
following:  "Any  additional  judges  author- 
ized shall  hold  office  for  the  term  of  six 
years,  and  be  elected  at  a  general  election 
and  enter  upon  their  office  on  the  first  Mon- 
day of  January  next  ensuing. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 


161 


Amend  section  eighteen  by  adding  thereto 
fclie  words  "which  shall  not  be  diminished 
during  the  period  for  which  they  were 
i  elected . ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  seventh,  line  first,  by 
:  striking  out  the  words  '  'sixty-eight, ' '  and 
:  inserting  in  lieu  thereof  the  word  "-seventy." 

Mr.  Gilstrap  offered  the  following 
amendment,  which  was  adopted: 

Amend  by  adding  the  following  section,  to 

;  come  in  after  section  fourteen: 

Section  — .  The  provisions  contained  in 
this  article,  requiring  an  election  to  be  held 

I  to  fill  a  vacancy  in  the  office  of  judges  of  the 
supreme  and  circuit  courts,  shall  have  rela- 
tion to  vacancies  occurring  after  the  year 

[one  thousand  eight  hundred  and  seventy; 
up  to  which  time  any  such  vacancy  shall  be 

piled  by  appointment  by  the  G-overnor. 

Mr.  Drake  offered  the  following  amend- 
irnent,  which  was  adopted: 

Strike  out  section  twentieth,  and  insert  in 
lieu  thereof  the  following:    The  supreme 
court  and  the  district  courts  shall  appoint 
their  respective  clerks.    Clerks  of  circuit 
courts  and  ol  county  courts  shall  be  elected 
i  by  the  qualified  voters  of  the  county,  at  a 
general  election,  and  shall  hold  office  for 
j  the  term  of  four  years  from  and  after  the 
.  first  Monday  in  January  uext  ensuing,  and 
until  their  "successors  are  duly  elected  and 
!  qualified.    The  first  election  of  such  clerks, 
after  the  adoption  of  this  Constitution,  shall 
;  be  at  the  general  election  in  the  year  one 
i  thousand  eight  hundred  and  sixty-six,  any 
'  existing  law  of  this  State  to  the  contrarv 
notwithstanding. 

Mr.  Holcomb  offered  the  following  amend- 
ment : 

Strike  out,  in  the  sixth  line,  the  word 
jj  'four, ' ''  and  insert  *  "six. ' ' 

On  which,  Mr.  Bonham  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes— Messrs.  Bunce,  Doclson,  Foster, 
Fulkerson,  Gamble,  Gilbert  of  Platte,  Gil- 
strap,  Hender.-on.  Holcomb,  Holdswor  h. 
Hughes,  Husmann,  King,  Linton,  Meyer, 
Newgent,  Swearingen,  Thilenius,  Williams 
of  (  aldweil,  and  Mr.  President— 20 . 

Noes— Messrs.  Bonham,  Childress,  Clover, 
Cowden,  Davis  of  Nodaway,  Drake,  Evans, 
Folmsbee,  Gilbert  of  Lawrence.  Holland, 
Hume,  McKernan,  McPherson.  Mack,  Nix- 
dorf.  Peek.  Strong,  Sutton,  and  Williams  of 
Scotland— 19. 

Absent  with  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid,  Green, 
Leonard,  Martin,  Morton,  Owens,  Rankin, 
and  Switzler— 10. 

K 


Absent  without  Leave— Messrs .  Barr, 
Budd.  D'Oeneh.  Ellis.  Esther.  Filley, 
Fletcher,  Grammer,  Eohrer,  St.  Gem, 
Smith  of  Mercer,  Smith  of  Worth,  and 
Weatherby— 13. 

Sick— Messrs .  B  ush ,  an  d  Mitchell— 2 . 

So  the  amendment  was  adopted. 
Mr.  Boxham  offered  the  following  amend- 
ment: 

Amend  by  striking  out  *  -six.  *  *  and  in- 
serting •  'two. ' ' 

And  demanded  the  ayes  and  noes  thereon, 
which  being  taken ,  stood  as  follows : 

Ayes — Messrs.  Bonham,  Childress,  Clo- 
ver, Davis  of  Nodaway,  Evans,  Folmsbee, 
Gilbert  of  Lawrence,  Holland.  Hume,  Mc- 
Kernan, Mack.  Nixdorf,  Peck,  and  Sutton 
—14. 

Noes — Messrs.  Bunce,  Cowden,  Dodson, 
Drake,  Foster,  Fulkerson.  Gamble,  Gilbert 
of  Platte,  Gilstrap,  Henderson,  Holcomb, 
Holdsworth,  Hughes,  Husmann,  King, 
Linton,  McPherson,  Meyer.  Newgent, 
Strong,  Swearingen,  Thilenius,  Weatherby, 
Williams  of  Caldwell,  Williams  of  Scot- 
land, and  Mr.  President — 26. 

Absent  with  Leave — Messrs.  Adams, 
Bedford,  Davis  ot  New  Madrid,  Green, 
Leonard,  Martin,  Morton,  Owens,  llankin , 
and  Switzler — 10. 

Absent  without  Leave — Messrs.  Barr, 
Budd,  D'Oeneh,  Ellis,  Esther,  Filley, 
Fletcher,  Grammer,  Eohrer,  St.  Gem, 
Smith  of  Mercer,  and  Smith  of  Worth— 12. 

Sick— Messrs.  Bush  and  Mitchell— 2. 

So  the  amendment  was  not  agreed  to. 

Mr.  Holdsworth  moved  to  reconsider 
the  vote  by  which  the  amendment  of  Mr. 
Holcomb  w-as  adopted,  which  was  agreed  to. 

The  question  then  recurring  on  the  adop- 
tion of  Mr.  Holcomb's  amendment,  Mr.  Bon- 
ham demanded  the  ayes  and  noes  thereon, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes- Messrs.  Bunce,  Foster,  Gilbert  of 
Platte,  Gilstrap,  Henderson,  Holcomb, 
Husmann,  Linton,  Meyer.  Newgent,  St. 
Gem,  Swearingen,  Thilenius,  and  Williams 
of  Caldwell -14. 

Noes — Messrs.  Bonham,  Childress,  Clover, 
Cowden,  Davis  of  Nodaway,  Dodson,  Drake, 
Evans,  Folmsbee,  Fulkerson,  Gamble.  Gil- 
bert of  Lawrence.  Holdsworth,  Holland, 
Hughes,  Hume,  King,  McKernan,  .McPher- 
son, Mack,  Nixdorf, "Peck,  Strong,  Sutton, 
Weatherby',  Williams  of  Scotland,  and  Mr. 
President— 27. 

Absent  with  Leave— Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid,  Green, 
Leonard,  Martin,  Morton,  Owens,  Bankin, 
and  Switzler — 10. 

Absent  without  Leave— Messrs.  Budd. 
D'Oeneh.  Ellis,  Esther.  Filley.  Fletcher, 
Grammer,  Eohrer,  Smith  of  Mercer,  and 
Smith  of  Worth— 10. 


162 


Sick— Messrs.  Barr,  Bush,  and  Mitchell 
—3. 

So  the  amendment  was  not  agreed  to. 

Mr.  Bonham  offered  the  following  amend- 
ment, which  was  disagreed  to: 

Amend  by  adding  to  the  section:  But  no 
such  clerk  shall  hold  any  other  office,  nor 
perform  any  other  official  functions,  during 
the  term  for  which  he  was  elected. 

Mr.  Drake  offered  the  following  amend- 
ment: 

Amend  by  inserting,  after  section  twenty, 
the  following  additional  section: 

Sec  .  — .  No  clerk  of  any  court  established 
by  this  Constitution,  or  by  any  law  of  this 
State,  shall  apply  to  his  own  use,  from  the 
fees  and  emoluments  of  his  office,  a  greater 
sum  than  two  thousand  live  hundred  dollars 
for  each  year  of  his  official  term,  after  pay- 
ing out  of  such  fees  and  emoluments  such 
amounts  for  deputies  and  assistants  in  his 
office  as  the  court  may  deem  necessary  and 
may  allow;  but  all  surplus  of  such  fees  and 
emoluments  over  that  sum,  after  paying  the 
amounts  so  allowed,  shall  be  paid  into  the 
county  treasuy  for  the  use  of  the  county. 
The  General  Assembly  shall  pass  such  laws 
as  may  be  necessary  to  carry  into  effect  the 
provisions  of  this  section. 

On  which  amendment,  Mr.  Drake  de- 
manded the  ayes  and  noes;  and  the  vote 
being  taken,  stood  as  follows : 

Ayes— Messrs.  Bonham,  Childress,  Clover, 
Cowden,  Davis  of  Nodaway.  Dodson,  Drake, 
Evans,  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Gilbert  of  Platte,  Gilstrap, 
Henderson,  Holeomb,  Holdsworth.  Hughes, 
Hume,  Husmanh.  McKernan,  McPherson, 
Mack.  Newgent,  Nixdorf,  Peck.  Strong  Sut- 
ton. Thilenius,  Williams  of  Caldwell,  Wil- 
liams of  Scotland,  and  Mr.  President— 32. 

Noes— Messrs.  Foster,  Holland,  King,  Lin- 
ton, St.  Gem,  and  Swearingen— G. 


Absext  with  Leave  —  Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Green.  Leon- 
ard, Martin,  Morton,  Owens,  Rankin,  and 
Switzier— 10. 

Absext  without  Leave — Messrs.  Budd, 
Bunee,  Childress,  D'Oench,  Ellis,  Esther, 
Filley,  Fletcher,  Grammer.  Meyer,  Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  and  Weath- 
erby-14. 

Sick— Messrs.  Bush  and  Mitchell— 2. 

So  the  amendment  was  adopted. 

Mr.  Drake  moved  to  amend  the  title  by 
striking  out  the  letter  "V"  and  the  words 
1  -  of  the, ' 1  which  was  agreed  to. 

Mr.  Newgext,  from  the  Committee  on 
Militia,  reported  an  ordinance  entitled  "An 
Ordinance  for  the  organization  of  the  Missouri 
Militia, ' 1  which  was  read  a  first  and  second 
time . 

Mr.  Gilstrap  moved  to  fill  the  blank  hi 
said  ordinance  by  inserting  the  word  "eight." 

Pending  which  amendment,  Mr.  Strong 
moved  to  amend  the  amendment  by  striking 
out  "eight"  and  inserting  "two." 

On  motion  of  Mr.  Clover,  the  ordinance 
and  pending  amendments  were  postponed 
and  made  the  special  order  for  Wednesday 
next. 

Mr.  Husmann  asked  and  obtained  leave  of 
absence  for  six  days  from  Monda}7-  next. 

Mr.  Meyer  asked  and  obtained  leave  of 
absence  for  five  days. 

Mr.  Hume  asked  and  obtained  leave  of 
absence  for  three  davs. 

On  motion  of  Mr.  Bonham,  the  Convention 
adjourned  until  half-past  9  o'clock  to- 
morrow morning. 


FIFTY-NINTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  Niccolls. 

Mr.  Drake  offered  the  following  resolu- 
tions, which  were  adopted: 

Resolved,  That  any  leave  of  absence,  here- 
tofore granted  to  any  member  for  an  indefi- 
nite time,  is  hereby  revoked. 

Resolved,  That  the  President  be  requested 
to  notify  each  member  who  is,  or  may  here- 
after be,  absent  after  the  expiration  of  the 


SATURDAY,  March  18th  1865. 

period  of  his  leave  of  absence,  that  such 
leave  has  expired,  and  that  his  presence  in 
the  Convention  is  required. 

Mr.  Bonham  offered  the  following  reso- 
lution : 

Resolved  That  no  leave  of  absence  granted 
after  the  25th  in st. .  to  any  member,  unless 
for  cause  of  sickness  in  the  family  of  the 
member  making  his  application. 

Which  was  not  adopted. 


163 


Mr.  Holland  asked  leave  of  absence  dur- 
ing next  week;  which  was  granted. 
•   Mr.  Gilbert  of  Platte  obtained  leave  of 
absence  for  this  day. 

Mr.  Bark  offered  the  following  resolution, 
which  was  adopted: 

Resolved,  That  Mr.  Smith  of  Worth  be 
excused  for  being  absent  without  leave. 

On  motion,  the  article  on  the  Judicial 
Department  was  taken  up. 

Mr.  Mack  offered  the  following  amend- 
ment: 

Amend  section  thirteen,  in  line  eighteen, 
by  striking  out  after  the  word  '  'November," 
the  figures  '  '1870. ' '  and  insert  in  lieu  thereof 
the  figures  *  -1866. ' ' 

Which  was  temporarily  withdrawn. 

Mr.  Drake  moved  to  reconsider  the  vote 
on  the'  adoption  of  Mr.  Gilstrap 's  amend- 
ment to  his  amendment  to  the  thirteenth 
section,  and  also  to  reconsider  the  vote 
adopting  *said  amendment  as  amended  on 
the  motion  of  Mr.  Gilstrap;  which  motions 
iwere  agreed  to. 

The  question  then  recurred  on  the  amend- 
ment of  Mr.  Gilstrap.  on  which  the  ayes 
and  noes  were  demanded,  and  the  vote  being 
taken ,  stood  as  follows : 

Ayes — Messrs.   Budd,   Bunco,  Dodson, 
Holeomb.  Newgent,  and  Swearingen — 6. 

Xoes —  Messrs.  Barr.  Bonhaih,  Bush, 
Childress.  Clover.  Cowden.  Davis  of  Xoda-  I 
way.  D'Oench,  Drake,  Ellis,  Evans,  Fletch- 
er. Folmsbee,  Fulkerson,  Gamble,  Gilbert 
of  Lawrence,  Henderson.  Holdsworth.  Hol- 
land, Hughes.  Husmann.  King.  Linton, 
pcKernan,  McPherson,  Mack.  Morton.  Xix- 
dorf,  Peck,  Rohrer.  St.  Gem.  Smith  of 
Mercer,  Smith  of  Worth,  Strong.  Sutton. 
[Switzler,  Thilenius,  Weatherby,  Williams 
of  Caldwell.  Williams  of  Scotland,  and  Mr. 
President — 11. 

Absent  with  Leave  —  Messrs.  Adams, 
Davis  of  Xew  Madrid.  Gilbert  of  Platte. 
Green,  Hume,  Leonard.  Martin,  Meyer, 
Owens,  and'Rankin — 10. 

Absent  without  Leave — Messrs.  Bed- 
ford, Esther.  Filley,  Foster,  Gilstrap,  and 
Grammer — 6. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  Was  not  agreed  to. 

The  question  then  recurring  on  Mr. 
Drake's  amendment  to  the  thirteenth  sec- 
tion, Mr.  Mack  offered  the  following  amend- 
ment to  the  amendment: 

Strike  out  the  word  ''eight,"  and  insert 
"six. ' ' 

And  demanded  the  ayes  and  noes  thereon-, 
and  the  vote  being  taken,  stood  as  follows: 


Ayes — Messrs.  Childress,  Cowden.  Drake, 
Fletcher,  Gamble,  Gilbert  of  Lawrence. 
Hughes,  Mack.  Morton,  Peck.  Smith  of 
Worth,  Sutton,  Switzler,  and  Williams  of 
Scotland— 14. 

Noes — Messrs.  Barr,  Bonham,  Bunce, 
Bush,  Clover,  Davis  of  Nodaway,  Dodson, 
D'Oench,  Ellis,  Evans,  Folmsbee^  Fulkerson, 
Gilstrap,  Henderson,  Holeomb,  Holdsworth, 
Holland,  Husmann.  King,  Linton. 
McKernan,  McPherson,  Xewgent.  Xixdorf, 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Strong, 
Swearingen.  Thilenius.  Weatherby,  Wil- 
liams of  Caldwell,  and  Mr.  President — 33. 

Absent  with  Leave — Messrs.  Adams. 
Davis  of  Xew  Madrid,  Gilbert  of  Platte, 
Green,  Hume.  Leonard,  Martin,  Meyer, 
Owens,  and  Rankin — 10. 

Absent  without  Leave — Messrs.  Bedford, 
Budd,  Esther,  Fillev,  Foster,  and  Grammer 
—6. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  not  adopted. 

Mr.  Fletcher  moved  to  adjourn  until 
Monday  morning. 

On  this  motion  Mr.  Drake  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Bush,  Childress,  D'Oench, 
Ellis,  Evans,  Fletcher.  Folmsbee,  Gamble, 
Gilbert  of  Lawrence,  Henderson,  Holeomb, 
Holdsworth,  McKernan.  Morton,  Rohrer, 
St.  Gem.  Smith  of  Mercer,  Strong,  Switzler, 
Thilenius.  and  Weatherby — 21. 

Noes — Messrs.  Barr,  "  Bonham,  Bunce, 
Clover,  Cowden,  Davis  of  Nodaway,  Dodson, 
Drake.  Fulkerson.  Gilstrap,  Holland, 
Hughes,  King,  Linton,  McPherson,  Mack, 
Newgent.  Xixdorf,  Peck.  Smith  of  Worth, 
Sutton .  Swearingen.  Williams  of  Caldwell, 
and  Williams  of  Scotland— 24. 

Absent  with  Leave — Messrs.  Adams, 
Davis  of  Xew  Madrid,  Gilbert  of  Platte, 
Green,  Leonard,  Martin,  Meyer,  Owens, 
Rankin,  and  Mr.  President — 10*. 

Absent  without  Leave — Messrs.  Bedford, 
Build.  Esther.  Filley,  Foster,  Grammer, 
Hume,  and  Husmann— 8. 

Sick— Mr.  Mitchell— 1. 

So  the  motion  to  adjourn  until  Monday 
was  not  agreed  to . 

On  motion  of  Mr.  Bush,  leave  of  absence 
was  granted  the  President  until  Monday 
next. 

Mr.  Bush  offered  the  following  amend- 
ment to  the  pending  amendment: 

Amend  the  amendment  by  striking  out  the 
word  •  'eight, ' '  and  insert  the  word  '  -  nine. 5 ' 

The  ayes  and  noes  being  demanded  thereon, 
the  vote  stood  as  follows: 

Ayes— Messrs.  Bush,  Clover,  Dodson, 
D'Oench,  Evans,  Fletcher,  Gamble,  Gilstrap, 
Holeomb.  Husmann  King.  Linton.  Xewgent, 
Rohrer,  St.  Gem,  Smith  of  Mercer,  Smith  ol 


164 


Worth,  Swearing-en,  Thilenius,  and  Weath- 
erby —20. 

Noes— Messrs.  Barr,  Bonham,  Bunce,  Chil- 
dress, Cowden,  Davis  of  Nodaway,  Drake, 
Ellis,  Folmsbee,  Fulkerson,  Gilbert  of  Law- 
rence, Henderson,  Holdsworth,  Holland, 
Hughes,  McKernan,  MePherson,  Mack,  Mor- 
ton, Peck,  Strong,  Sutton,  Switzler,  Williams 
of  Caldwell,  and  Williams  of  Scotland — 25. 

Absent  with  Leave— Messrs.  Adams.  Da- 
vis of  New  Madrid.  Gilbert  of  Platte,  Green, 
Hume,  Leonard,  Martin,  Meyer,  Owens,  Ran- 
kin, and  Mr.  President— 11 . 

Absent  without  Leave  —  Messrs.  Bed- 
ford, Budd,  Esther,  Filley,  Foster,  Gram- 
nier,  and  Nixdorf—  7. 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  not  agreed  to. 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Drake  to  the  thirteenth 
section,  he  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Barr,  Bonham,  Bunce, 
Childress,  Cowden,  Davis  of  Nodaway, 
Drake,  Ellis,  Folmsbee,  Fulkerson,  Gam- 
ble, Gilbert  of  Lawrence,  Henderson, 
Holdsworth,  Holland,  McKernan,  MePher- 
son, Mack,  Peck,  Strong,  Sutton,  Swearin- 
gen,  Williams  of  Caldwell,  and  Williams  of 
Scotland — 24. 

Noes — Messrs.  Bush,  Clover,  Doclson, 
D'Oench,  Evans,  Fletcher,  Gil  strap,  Hoi- 
comb,  Husmann,  King,  Linton,  Morton, 
Newgent,  Rohrer,  St.  Gem,  Smith  of  Mer- 
cer, Smith  of  Worth,  Switzler,  Thilenius, 
and  Weatherby — 20. 

Absent  with  Leave — Messrs.  Adams, 
Davis  of  New  Madrid,  G rammer,  Green, 
Hume,  Leonard,  Martin,  Meyer,  Owens, 
and  Mr.  President — 10. 


Absent  without  Leave — Messrs.  Bee 
ford,  Budd,  Esther,  Filley,  Foster,  Gilbe 
of  Platte,  Hughes,  Nixdorf,  and  Rankin— { 

Sick— Mr.  Mitchell— 1. 

So  the  amendment  was  adopted. 

Mr.  Drake  asked  and  obtained  leave  < 
absence  for  the  Secretary  until  Tuesday  nex 

Mr.  Fletcher  moved  that  the  Conventio 
adjourn  until  Monday  morning. 

On  which  motion  Mr.  Davis  of  Nodawa 
demanded  the  ayes  and  noes,  and  the  vol 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Bunce,  Bus! 
Childress,  D'Oench,  Ellis,  Evans,  Fletchei 
Folmsbee,  Gamble  ,  Gilbert  of  Lawrence  j 
Henderson,  Holcomb,  Holdsworth,  Hus 
mann,  McKernan,  MePherson,  Mack,  Moil 
ton,  Rohrer,  St.  Gem,  Smith  of  Mercer} 
Strong,  Swearing-en,  Switzler,  Thilenius | 
and  Weatherby— 27. 

Noes — Messrs.  Barr,  Clover,  Cowden 
Davis  of  Nodaway,  Dodson,  Drake,  Fulkei 
son,  Holland,  Hughes,  King,  Linton,  New 
gent,  Peck,  Smith  of  Worth,  Sutton,  Wil 
lianas  of  Caldwell,  and  Williams  of  Scotlan 
—17. 

Absent  with  Leave — Messrs.  Adam? 
Davis  of  New  Madrid,  Green,  Hume,  Leon 
ard,  Martin,  Meyer,  Owens,  and  Mr.  Presi 
dent— 9. 

Absent  without  Leave — Messrs.  Bed 
ford,  Budd,  Esther,  Filley,  Foster,  Gilber 
of  Platte,  Gilstrap,  Gra  miner,  NixdOrf 
and  Rankin — 10. 

Sick— Mr.  Mitchell— 1. 

So  the  motion  was  agreed  to,  and  there 
upon  the  Convention  adjourned  until  Mon, 
day  morning  next,  at  half-past  9  o'clock. 


SIXTIETH  DAY. 


MONDAY,  March  20th,  1865. 


Convention  met  pursuant  to  adjournment. 

The  President  and  Vice  President  being 
absent,  Mr.  Barr  was  chosen  President  pro 
iem. ,  and  called  the  Convention  to  order. 

Prayer  by  Rev.  Mr.  Osborne. 

Mr.  Bunce  asked  leave  of  absence  for  Mr. 
McKernan  for  four  days ;  which  was  granted. 

Messrs.  Bonham,  Newgent,  and  Smith  of 
Mercer,  were  reported  sick. 

Mr.  Peck  offered  the  following  resolution : 

Resolved,  That  this  Convention,  after  its 
adjournment  this  evening,  shall  thereafter 
meet  at  9  o'clock,  A.  M. 


Mr.  Strong  offered  the  following  amend 
ment  to  the  resolution : 

Resolved,  That  the  Convention  will  here- 
after  meet  at  9  o'clock,  A.  M. ,  am 
adjourn  at  12  M. ;  and  meet  at  2  P.  M.. 
and  adjourn  at  5  P.  M. 

Mr.  Fletcher  offered  the  following  sub 
stitute  for  the  original  resolution  and  amend-  I 
ment : 

Resolved,  That  hereafter  this  Conventior 
will  meet  at  9  o'clock,  A.  M.,  and  adjoun 
at  2  o'clock,  P.  M. 

Mr.  Drake  demanded  the  ayes  andnoer 


165 


i  the  substitute,  and  the  vote  being  taken, 
ood  as  follows : 

Ayes— Messrs.  Bush,  D'Oench.  Ellis, 
Letcher,  Folmsbee,  Foster,  Gilbert  of 
iatte,  Grilstrap,  Holdsworth,  Rohrer,  St. 
j^em,  Switzler,  and  Weatherby — 13. 
Noes — Messrs.  Barr,  Budd/Bunce,  Chil- 
i-ess, Cowden,  Davis  of  Nodaway,  Dodson, 
rake,  Evans,  Fulkerson.  Gilbert  of  Law- 
;nce,  Henderson,  Holcomb,  Hughes,  King, 
[ePherson,  Mack,  Morton,  Nixdorf,  Peck, 
trong,  Sutton,  Swearingen,  Williams  of 
aid  well,  Williams  of  Scotland,  and  Mr. 
resident— 26. 

Absent  with  Leave— Messrs.  Davis  of 
few  Madrid,  Green,  Hume,  Husmann, 
eonard,  McKernan,  Martin,  Meyer,  Owens, 
lid  Smith  of  Worth— 10. 
Absent  without  Leave— Messrs.  Adams, 
edford,  Clover,  Esther.  Filley,  Gamble, 
rammer,  Holland,  Linton,  Rankin,  and 
fhilenius — 11. 

j  Sick — Messrs.  Bonham.  Mitchell,  New- 
ent,  and  Smith  of  Mercer — 4. 

;  So  the  substitute  was  not  adopted. 

I  The  vote  was  then  taken  on  the  amend- 

lent  of  Mr.  Strong,  and  it  was  not  agreed  to. 

The  original  resolution  of  Mr.  Peck  was 
hen  adopted. 

Mr.  Gilstkap  presented  the  following 
•rdinance,  which  was  read  the  first  time: 

>e  it  ordained  by  the  People  of  the  State  of  Mis- 
ij  souri,  in  Convention  assembled,  as  follovis  : 

I  Section  1.  The  State  of  Missouri  is  here- 
iy  divided  into  two  districts,  for  the  punish- 
pent  of  crimes,  by  a  line  which  shall  follow 
pe  middle  of  the  main  channel  of  the  Mis- 
ouri  river,  from  the  east  line  of  the  State  to 
he  west  line  thereof;  and  all  that  part  of  the 
■tate  lying  north  of  the  Missouri  river  shall 
■■e  called  the  Northern  District,  and  all  that 
[art  lying  south  .of  said  river  shall  be  called 
he  Southern  District. 

;  Sec.  2.  A  criminal  court  of  record  is 
iereby  established  in  each  of  said  districts, 
omposed  of  one  judge  for  each  district,  who 
hall  be  appointed  by  the  Governor  of  the 
State,  and  hold  office  during  his  pleasure, 
mtil  otherwise  provided  by  the  General  As- 
sembly. 

Sec.  3.  The  criminal  court  hereby  estab- 
nshed  shall  have  original  criminal  jurisdic- 
ion.  concurrent  with  the  circuit  courts' 
except  misdemeanors),  within  each  district, 
io-extensive  throughout  the  district,  in  all 
,'espects  as  the  circuit  courts  now  have  in  each 
bounty .  And  the  j  udge  of  each  district  shall 
have  power  to  cause  to  be  summoned  and  im- 
panneled,  from  time  to  time,  grand  juries ;  to 
ippoint  his  own  times  and  places  within  his 
district  for  holding  his  court,  to  do  which 
no  notice  shall  be  required;  and  it  shall  con- 
tinue in  session,  from  day  to  dav  (Sundays 
excepted)  as  long  as  may  be  necessary . 
■  Sec.  4.  Any  person 'who  may  have  com- 
mitted any  homicide,  felony,  or  other  crime 


(except  misdemeanors),  or  who  may  here- 
after commit  any  such  crime,  against  the 
laws  of  this  State,  within  either  of  said  dis- 
tricts, may  be  indicted,  tried  and  convicted 
in  any  county  in  such  district.  And  if  the 
crime  shall  have  been  committed  within  one 
mile  of  the  line  dividing  said  districts  from 
each  other,  the  offender  may  be  indicted, 
tried  and  convicted  in  either. 

Sec.  5.  No  person  charged  with  homicide, 
felony,  or  other  high  crime,  shall  be 
admitted  to  trial  in  either  of  said  courts,  or 
elsewhere;  nor  shall  the  trial  of  any  such 
person  be  continued  or  delayed  longer  than 
is  necessary  to  obtain  witnesses  by  direct 
process,  No  change  ot  venue  shall  be 
granted,  nor  dilatory  plea  admitted,  except 
demurrers  to  the  sufficiency  of  indictments, 
and  motions  for  new  trials,  and  in  arrest  of 
judgment. 

Sec.  6.  The  judge  of  each  court  may 
appoint  his  own  clerk,  who  shall  take  the 
same  oath,  give  like  bond,  and  be  entitled  to 
the  same  fees,  as  circuit  court  clerks.  And 
each  and  every  sheriff,  in  each  district,  shall 
be  subject  to  be  ordered  hy  the  judge  thereof, 
to  attend  his  court,  summon  grand  and  petit 
jurors,  serve  writs  and  other  process,  issued 
from  such  court,  and  shall  obey  the  same. 
The  private  seal  of  the  clerk,  with  his 
signature,  shall  be  a  sufficient  authentication 
of  any  writ  or  order;  and  the  approval  of  the 
judge,  following  the  signature  and  seal  of 
the  clerk,  shall  be  a  sufficient  authentication 
of  any  record.  Appeals  and  writs  of  error 
shall  lie  from  these  courts  to  the  supreme 
court. 

Sec.  7.  In  each  of  said  districts  there  shall 
be  a  prosecuting  attorney,  appointed  by  the 
Governor,  who  shall  hold  office  during  his 
pleasure;  shall  be  subject  to  the  same  laws, 
and  entitled  to  the  same  fees,  as  circuit 
attorneys,  except  that  his  annual  salary,  paid 
quarter-yearly,  out  of  the  State  treasury, 
shall  be  "one  thousand  dollars. 

Sec.  8.  The  courts  hereby  established, 
except  as  in  this  ordinance  is  provided,  shall 
be  governed  in  all  things  by  existing  laws 
regulating  crimes  and  punishments,  and 
criminal  proceedings  thereunder. 

Sec.  9.  Each  judge  of  the  criminal  courts, 
hereby  established,  shall  receive  for  his 
services  an  annual  salary  of  three  thousand 
dollars,  to  be  paid  quarter-yearly,  out  of  the 
State  treasury. 

Sec.  10.  This  ordinance  may  be  repealed 
by  the  General  Assembly,  at  any  time  after 
the  first  day  of  November,  A.  D.  1866. 

Mr.  Mack  moved  that  the  ordinance  be 
rejected. 

On  this  motion  Mr.  Gtlstrap  demanded 
the  ayes  and  noes ;  and  the  vote  being  taken , 
stood  as  follows : 

Ayes— Messrs.  Barr,  Childress,  Cowden, 
Davis  of  Nodaway,  Drake,  Filley,  Folms- 
bee, Fulkerson,  Gilbert  of  Lawrence,  Lin- 
ton, McPherson,    Mack,   Nixdorf,  Peck, 


166 


Strong,  Sutton,  and  Williams  of  Scotland 
—17. 

Noes — Messrs.  Budd,  Bush,  Clover,  Dod- 
son,  D'Oench,  Ellis,  Evans,  Foster,  Gam- 
ble, Gilbert  of  Platte,  Gilstrap,  Henderson, 
Holconib,  Holdsworth,  Hughes,  King,  Mor- 
ton, Newgent,  St.  Gem.  Smith  of  Worth, 
Swearingen,  Switzler,  Thilenius,  Weath- 
erby, and  Mr.  President — 25. 

Absent  with  Leave — Messrs.  Bedford, 
Davis  of  New  Madrid.  Green,  Hume,  Hus- 
niann,  Leonard,  MeKernan,  Martin,  Meyer, 
and  Owens — 10. 

Absent  without  Leave — Messrs.  Adams, 
ii.unce,  Esther,  Fletcher,  Grammer,  Hol- 
land, Rankin,  Rohrer,  and  Williams  of 
Caldwell— 9. 

Sick  —  Messrs.  Bonham,  Mitchell,  and 
Smith  of  Mercer — 3. 

So  the  motion  to  reject  the  ordinance  was 
not  agreed  to. 

On  motion  of  Mr.  Gilstrap,  the  rules 
were  suspended,  the  ordinance  read  the 
second  time  and  ordered  to  be  printed,  and 
referred  to  the  Committee  on  the  Judicial 
Department. 

Mr.  Switzler  offered  the  following  reso- 
lution: 

Resolved,  That  the  Secretary  of  this  Con- 
vention inform  the  Governor  that  the  seat  of 
Thomas  B.  Harris,  of  the  Third  district,  has 
been  declared  vacant  by  this  body;  and  that 
lie  be  requested  to  issue  a  proclamation 
ordering  a  special  election ,  to  till  the  vacancy 
thus  occasioned. 

Mr.  Folmsbee  moved  to  amend  the  reso- 
lution by  striking  out  all  after  the  word 
"body,  "  and  demanded  the  ayes  and  noes 
thereon;  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Barr,  Childress,  Clover, 
Cowclen,  Davis  of  Nodaway,  Dodson, 
Drake,  Ellis,  Filley,  Folmsbee,  Foster i 
Fulkerson,  Gamble,"  Gilbert  of  Lawrence, 
Gilstrap,  Holdsworth,  Holland,  McPherson, 
Mack,  Newgent,  Nixdorf,  Peck,  Smith  of 
Worth,  Strong,  Sutton,  Swearingen, 
Weatherby,  Williams  of  Scotland,  and  Mr. 
President — 29. 

Noes — Messrs.  Bush,  D'Oench,  Evans, 
Gilbert  of  Platte,  Holcomb,  Hughes,  Linton, 
Morton,  St.  Gem,  Switzler,  and  Thilenius — 
11. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Green,  Hume,  Husmann, 
Leonard,  MeKernan,  Martin,  Meyer,  and 
Owens — 9. 

Abseni  without  Leave — Messrs.  Adams, 
Bedford,  Budd,  Bunce,  Esther,  Fletcher, 
Grammer,  Henderson,  Holland,  Rankin, 
Kohrer,  and  Williams  of  Caldwell— 12. 

Sick — Messrs.  Bonham,  Mitchell,  and 
Smith  of  Mercer— 3. 

So  the  amendment  was  adopted. 


The  resolution,  as  amended,  was  thei j 
adopted. 

On  motion  of  Mr.  St.  Gem,  Mr.  Gilstra] 
was  added  to  the  Committee  on  the  Judiciary 

On  motion  of  Mr.  Davis  of  Nodawaj,  tin 
Convention  adjourned  until  half-past  \\ 
o'clock  P.M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Drake,  the  article  on 
the  Judicial  Department  was  taken  up . 

Mr.  Drake  moved  to  reconsider  the  vote 
adopting  the  amendment  to  section  seventh, 
striking  out  the  words  ' k sixty-eight  , ' '  and 
inserting  in  lieu  thereof  the  word  ' '  seventy ; ' ' 
which  was  agreed  to. 

The  question  then  recurring  on  the  amend- 
ment, it  was  not  agreed  to. 

Mr.  Drake  moved  to  reconsider  the  vote 
adopting  the  amendment  inserted  in  section 
fourteenth,  between  lines  nine  and  ten; 
which  was  agreed  to . 

Mr.  Drake  offered  the  following  amend- 
ment to  the  amendment,  which  was  adopted: 

Amend  the  amendment,  to  come  in  between 
lines  nine  and  ten,  of  section  fourteen,  by 
striking  out  the  word  "seventy,"  and 
inserting  in  lieu  thereof  the  words  "sixty! 
eight  . ' ' 

And  the  amendment  as  amended  was 
adopted . 

Mr.  Drake  moved  to  reconsider  the  vote 
adopting  a  new  section  to  come  in  after  sec- 
tion fourteenth,  which  wTas  agreed  to. 

Mr.  Drake  moved  to  amend  said  new  sec- 
tion by  striking  out  the  word  "seventy," 
and  inserting  in  lieu  thereof  the  words 
'  'sixty-eight, ' '  which  was  agreed  to. 

And  the  said  section,  as  amended,  was 
then  adopted. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  eighth,  line  third ,  by  insert- 
ing, after  the  word  "election,"  the  wrords 
"occurring  more  than  three  months  after 
the  happening  of  such  vacancy. ' ' 

Mr.  Weatherby  offered  the  following 
amendment: 

Strike  out  sections  twenty-first,  twenty- 
second  and  twenty-third,  and  insert  the  fol- 
lowing in  lieu  thereof: 

Section  — .  A  court  of  common  pleas  is 
hereby  established  in  each  count}'  in  the 


167 


state,  except  St.  Louis  county ,  composed  of 
me  judge;  and  shall  have  jurisdiction  in  all 
places  and  matters  as  a  'court  of  probate; 
of  all  misdemeanors  on  plaint  or  petition, 
and  concurrent  jurisdiction  with  justices  of 
[fche  peace  and  the  circuit  courts,  in  all  actions 
I  wherein  the  debt  or  damages  claimed,  exclu- 
sive of  interest,  shall  not  exceed  five  hundred 
dollars;  ot  actions  for  the  recovery  of  per- 
jjsonal  property,  and  actions  of  forcible  entry 
{'and  detainer';  to  foreclose  mortgages  and 
■enforce  vendors"  liens,  which  jurisdiction 

■  may  be  increased  by  the  General' Assembly . 
I  The  circuits  provided  by  law  for  the  circuit 
Bcourts,  shall  compose  the  circuits  for  the 

common  pleas  court,  in  each  of  which  a 
judge  shall  be  appointed  by  the  Governor, 
hor  elected  by  the  people,  in*  the  same  man- 
Illner  and  for  the  same  period  as  judges  of  the 
t  [circuit  courts,  and  shall  be  entitled  to  the 
li'same  salary,  and  paid  quarterly  by  the  coun- 
lj ties  of  his 'circuit,  in  such  portion  as  the 
II judge  of  the  circuit  maj-  determine. 

Sec.  — .  The  court  of  common  pleas  shall 
•  be  a  court  of  record,  and  shall  be  held  at  the 

■  places  of  holding  the  circuit  courts,  and  the 
.  county  clerk  of  each  county  shall  be  the 

clerk  bf  each  court. 

Sec.  — .  The  judges  of  common  pleas 
!  shall  hold  four  terms  of  the  court  of  common 
j  pleas  annually  in  each  county,  at  such  time 
as  they  shall  determine,  until  otherwise  pro- 
vided by  law.    Appeals  and  writs  of  error 
shall  lie  from  the  court  of  common  pleas  to 
S  the  district  or  supreme  court,  in  the  same 
i  manner  as  from  the  circuit  court. 

Mr.  Drake  offered  the  following  substitute 
I  for  the  amendment  offered  by  Mr.  Weath- 
erby : 

Strike  out  sections  twenty-first,  twenty  - 
|  second  and  twenty-third,  and  insert  in  lieu 
i  thereof  the  following:  Inferior  tribunals,  to 
i  be  known  as  county  courts,  shall  be  estab- 
lished in  each  county  for  the  transaction  of 
all  county  business/  and  with  such  other 
jurisdiction  as  ma}-  be  conferred  by  law. 

Mr.  Drake  demanded  the  ayes  and  noes 
on  his  substitute,  and  the  vote  being  taken, 
i  stood  as  follows: 


Ayes — Messrs.  Barr,  Bimee.  Bush, 
Childress,  Cowden,  Navis  of  Nodaway, 
Dodson,  D'Oench,  Drake,  Ellis,  Evans, 
Fletcher,  Folmsbee,  Fulkerson.  Gamble, 
Gilbert  of  Lawrence,  Gilstrap,  Holcomb, 
Holds  worth,  Hughes,  King.  Linton,  Mc- 
pherson, Mack,"Newgent,  Peck,  Sutton, 
Swearingen,  Switzier,  Thilenius,  Williams 
of  Scotland,  and  Mr.  President — 33. 

Noes — Messrs.  Foster,  Gilbert  of  Platte, 
Morton,  Rohrer,  St.  Gem,  Smith  of  Worth, 
Strong,  Weatherbv,  and  Williams  of  Cald- 
well—D  . 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Green,  Hume,  Husmann, 
Leonard.  McKernan,  Martin,  Meyer,  and 
Owens — 9 . 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Budd,  Clover,  Esther.  Filley, 
Grammer,  Holland,  and  Rankin — 9. 

Sick  —  Messrs .  Bonham .  Henderson, 
Mitchell,  and  Smith  of  Mercer — i. 

So  the  substitute  was  adopted. 

Mr.  Drake  offered  the  following  amend- 
ment: 

Amend  section  twenty-two  by  adding 
thereto  the  following:  The  judge  of  the 
probate  court  shall  'be  ex-otficio  one  of  the 
justices,  and  the  presiding  justice,  of  the 
county  court. 

Mr.  Drake  withdrew  his  amendment. 

Mr.  Weatherby  offered  the  following 
amendment : 

Amend  section  twenty-two  by  adding 
thereto  the  following:  County  courts  and 
probate  courts  shall  "be  established  in  each 
county  in  this  State,  which  shall  have  juris- 
diction of  misdemeanors,  and  other  subor- 
<  linate  j  urisdiction .  The  probate  court  shall 
be  composed  of  one  judge,  who  shall  also 
be  one  of  the  three,  and  the  presiding  judge, 
of  the  county  court. 

Mr.  Smith  of  Worth  moved  to  refer  the 
article  and  pending  amendments  to  the 
Committee  on  the  Judicial  Department. 

On  motion  of  Mr.  King,  the  Convention 
adjourned  until  9  o'clock  to-morrow  morn- 
ing. 


SIXTY-FIRST  DAT. 

TUESDAY,  March  21st,  1865. 

Convention  met  pursuant  to  adjournment,   lieu  of  the   substitute  presented  by  him 

the  President  in  the  chair.  yesterday: 
Prayer  by  Rev.  Mr.  Armstrong.  Strike  out  sections  twenty-one.  twenty- 

The  pending  motion  of  Mr.  Smith  of  tw0:  and  twenty-three,  and  insert  the  fol- 

Worth  was  called  up  and  rejected.  j  ^ec?-.  Inferior  tribunals,  for  the  trans- 

Mr.  yV  eatherby  offered  the  following,  in  I  action  of  county  business,  shall  be  estab- 


168 


tablished  in  each  county ;  and  separate 
interior  tribunals,  in  each  county,  composed 
of  one  judge,  shall  be  established,  with 
probate  jurisdiction,  and  such  other  juris- 
diction as  the  General  Assembly  may  provide. 

Sec.  — .  The  judge  of  probate,  in  each 
county,  shall  be  ex-officio  a  member  of  the 
county  court  of  their  county,  and  the  pre- 
siding- judge  thereof. 

Which  substitute,  after  debate,  was 
rejected. 

The  question  then  recurring  on  the  amend- 
ment of  Mr.  Drake,  Mr.  Bonham  moved  to 
strike  out  all  after  the  word  "business;" 
which  motion  was  rejected. 

The  question  then  being  on  the  amend- 
ment of  Mr.  Drake,  he  demanded  the  ayes 
and  noes  thereon,  and  the  vote  being  taken 
stood  as  follows: 

Ayes — Messrs.  Barr,  Childress,  Cowden, 
Drake,  Evans,  Fletcher,  Fulkerson,  Gam- 
ble, Gilbert  of  Lawrence,  Henderson, 
Holcomb,  McPherson,  Mack,  Newgent, 
Nixdorf.  Peck,  Rankin,  Sutton,  Swearin- 
gen,  Switzler,  and  Mr.  President — 21. 

Noes — Messrs.  Bonham,  Bush,  Davis  of 
Nodaway,  Dodson,  D'Oeneh,  Folmsbee, 
Gilbert  of  Platte,  Gilstrap,  King,  Linton, 
Morton,  Owens,  Rohrer,  St.  Gem,  Smkh  of 
Worth,  Strong.  Thilenius,  Weatherby  and 
Williams  of  Scotland— 19. 

Absent  with  Leave  —  Messrs.  Davis  of 
New  Madrid,  Hume,  Husmann,  Leonard, 
McKernan,  Martin,  and  Meyer — 7. 

Absext  without  Leave— Messrs.  Adams, 
Bedford,  Budd,  Bunce,  Clover,  Ellis, 
Esther,  Filley,  Foster,  G rammer,  Holds- 
worth,  Holland,  Hughes,  and  Williams  of 
Caldwell— 14. 

Sick  —  Messrs.  Mitchell  and  Smith  of 
Worth— 2. 

Excused — Mr.  Green — 1. 

So  the  amendment  was  adopted. 
Mr.  Gilbert  of  Platte  offered  the  follow- 
ing amendment: 

Amend  section  sixteen  by  adding  thereto 
the  following  words:  Nor  of  any  court  of 
record  except  county  courts,  until  he  shall 
have  been  at  least  five  years  a  licensed ,  prac- 
ticing lawyer. 

Mr.  Bitxce  moved  to  amend  the  amend- 
ment, by  excepting  Cooper  county. 

Mr.  Bonham  offered  the  following  as  a 
substitute  tor  Mr.  Gilbert's  amendment: 

And  have  been  licensed  to  practice  law  in 
the  courts  of  some  one  of  the  United  States 
for  five  years  previous  to  his  election. 

On  motion  ot  Mr.  Drake,  the  amendment 
offered  by  Mr.  Gilbert  of  Platte,  together 
with  the  amendment  thereto  and  substitute 
therefor  were  laid  on  the  table. 


The  question  recurring  on  Mr.  Drake's 
amendment  to  section  twentieth,  Mr.  Strong 
moved  to  amend  the  amendment,  as  follows: 

Strike  out  the  words  "clerks  of  circuit 
courts  and  county  courts,"  and  insert  as 
follows:  ''clerks  of  all  other  courts  of 
record . ' ' 

Which  was  agreed  to . 

Mr.  Drake's  amendment,  as  amended,  was 
then  adopted. 

Mr.  Strong  offered  the  following  amend- 
ment, which  was  adopted: 

Add,  at  the  end  of  section  twelfth,  "and 
have  been  a  qualified  voter  of  this  Slate  for 
three  years. ' ' 

Mr.  Strong  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  thirteen,  by  inserting,  in 
line  one,  after  the  word  "circuits,"  the 
words  "not  exceeding  sixteen,  of  which  the 
county  of  St.  Louis  shall  constitute  one." 

Mr.  Bush  offered  the  following  additional 
section : 

Sec.  — .  The  General  Assembly  may  mod- 
ify or  abolish  the  grand  jury  system. 

On  this  question  Mr.  Barr  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Bush,  Clover,  D'Oench, 
Gamble,  Holcomb,  Newgent,  Nixdorf,  Ow- 
ens, Rohrer,  and  Weatherby — 10. 

Noes  —  Messrs.  Barr.  Bonham,  Budd. 
Bunce,  Childress,  Cowden,  Davis  of  Noda- 
way, Drake,  Evans,  Folmsbee,  Fulkerson, 
Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Henderson,  Hughes,  King.  Linton  McPher- 
son, Mack,  Morton,  Peck,  Rankin,  Smith 
of  Worth,  Strong,  Sutton,  Swearingen, 
Switzler,  Williams  ot  Scotland,  and  Mr. 
President— 29. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Hume,  Husmann,  Leonard, 
McKernan,  Martin,  and  Meyer— 7. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Dodson,  Ellis,  Esther,  Filley, 
Fletcher.  Foster,  Gilstrap,  Grammer,  Green, 
Holdsworth,  Holland,  St.  Gem,  Thilenius, 
and  Williams  of  Caldwell— 16. 

Sick — Messrs.  Mitchell  and  Smith  of 
Mercer— 2. 

So  the  amendment  was  rejected. 

Mr.  Owens  offered  the  following  amend- 
ment: 

Strike  out  section  eighteenth,  and  insert 
the  following:  The  salary  of  each  judge  of 
the  supreme  court  shall  be  four  thousand 
dollars  per  annum,  and  the  salary  of  each 
judge  of  the  circuit  court  shall  'be  three 
thousand  dollars  per  annum,  payable  quar- 
terly, and  shall  not  be  increased  or  diminished 
during  his  continuance  in  office. 


169 


Mr.  Drake  moved  to  lay  the  amendment 
»n  the  table,  and  demanded  the  ayes  and 
toes  thereon:  and  the  vote  being  taken, 
fctood  as  follows: 

H.  Ayes— Messrs.  Barr,  Bunce,  Childress, 
Davis  of  Nodaway,  Dodson,  Drake.  Ellis. 
Svans,  FulkersOn,  Gamble.  Gilbert  of 
Lawrence,  Henderson,  Hughes,  King. 
MLcPherson,  Mack.  Morton.  Newgent,  Nix- 
lorf.  Peck,  Rankin.  Sutton,  Swearingen, 
m\  itzler,  Williams  of  Caldwell,  and  Williams 
h£  Scotland— 2(3. 

Noes— Messrs.  Bonham,  Bush.  Clover, 
>'Oench,  Fletcher,  Folmsbee,  Gilbert  of 
Platte,  Gcilstrap,  Green,  Holcomo.  Linton, 
3wens.  Smith  of  Worth  Strong,  Weatherby, 
md  Mr.  President— 16. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Hume.  Husmann,  Leonard, 
McKernan.  Martin,  and  Meyer— 7. 
L  Absent  without  Leave— Messrs.  Adams, 
Bedford,  Bund,  Cowden,  Esther,  Fiiley. 
Poster.  Grammer,  Holdsworth,  Holland, 
iRohrer,  St.  Gem,  and  Thilenius — 13. 

Sick  —  Messrs.  Mitchell  and  Smith  of 
[Mercer— 2 . 

So  the  amendment  was  laid  on  the  table. 
!  Mr.  Newgent  moved  to  reconsider  the 
vote  on  the  adoption  of  Mr.  Drake's  amend- 
ment to  sections  twenty-one,  twenty-two 
■md  twenty-three. 

On  this  motion  Mr.  Drake  demanded  the 
ayes  and  noes,  which  being  taken,  the  vote 
stood  as  follows: 

|  Ayes — Messrs.  Budd,  Bush,  Clover, 
Cowden.  Dodson,  D'Oench,  Ellis,  Evans, 
Fletcher,  Folmsbee,  Fulkerson,  Gilbert  of 
'Platte.  Gilstrap,  Green,  Henderson,  Hol- 
comb.  Linton,  Morton.  Newgent,  Nixdorf. 
Owens.  Rankin,  Rohrer,  Smith  of  Worth, 
'Strong.  Sutton,  Swearingen,  Weatherby, 
Williams  of  Caldwell,  and  Mr.  President— 
30. 

I  Noes — Messrs.  Barr,  Bonham.  Bunce, 
Childress.  Davis  of  Nodaway.  Drake,  Gam- 
ble. Gilbert  of  Lawrence.  Hughes,  King, 
McPherson.  Mack.  Peck,  and  Williams  of 
Scotland— 14. 

!  Absent  with  Leave — Messrs.  Davis  of 
New  Madrid.  Hughes,  Hume,  Husmann, 
Leonard, McKernaii,  Martin,  and  Meyer — 8. 

Absent  without  Leave — Messrs.  Adams 
Bedford,  Esther,  Fiiley,  Foster,  Grammer, 
Holdsworth,  St.  Gem,'  Switzler,  and  Thi- 
lenius—10. 

Sick — Messrs .  Mitchell  and  Smith  of  Mer- 
cer— 2 . 

So  the  motion  to  reconsider  was  agreed  to. 
Mr.  Weatherby  offered   the  following 
amendment,  which  was  disagreed  to: 

Strike  out  sections  twenty-second  and 
twenty-third,  and  insert  as  follows:  There 
shall  be  established,  in  each  senatorial  dis- 
trict in  this  State,  a  probate  court,  which 


shall  be  a  court  of  record,  open  at  all  times, 
and  h olden  by  one  judge  (elected  by  the 
voters  of  the 'district'),  who  shall  hold  his 
office  for  the  term  of  six  years,  and  shall 
receive  such  compensation,  payable  out  of 
the  county  treasuries  of  the  counties  com- 
posing the  district  (or  fees,  or  both),  as  shall 
be  provided  by  law. 

The  question  then  recurring  on  Mr.  Drake's 
amendment,  he  withdrew  the  same,  and 
offered  the  following  in  lieu  thereof,  which 
was  adopted : 

Strike  out  sections  twenty-first,  twenty- 
second,  and  twenty-third,  and  insert  in  lieu 
thereof  the  following: 

Sec.  21.  Inferior  tribunals,  to  be  known 
as  county  courts,  shall  be  established  in  each 
county, 'for  the  transaction  of  all  county 
business.  In  such  courts,  or  in  such  other 
tribunals  inferior  to  the  circuit  courts  as  the 
General  Assembly  may  establish,  shall  be 
vested  the  jurisdiction  of  all  matters  apper- 
taining to  probate  business:  to  granting  let- 
ters testamentary  and  of  administration ;  to 
settling  the  accounts  of  executors,  adminis- 
trators, and  guardians;  and  to  the  appoint- 
ment of  guardians,  and  such  other  jurisdic- 
tion as  may  be  conferred  by  law. 

Mr.  Green  offered  the  following  amend- 
ment, which  was  rejected: 

Amend  section  eleventh  by  striking  out, 
in  second  line,  the  words  "and  upon  solemn 
occasions . " 

Mr.  Strong  moved  to  strike  out  section 
eleventh,  which  was  rejected. 

On  motion,  the  Convention  adjourned 
until  half-past  2  o'clock  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Barr  moved  to  reconsider  the  vote  on 
Mr.  Strong's  amendment  to  section  thir- 
teenth. 

After  debate,  Mr.  Barr  withdrew  his 
motion. 

Mr.  Strong  moved  to  reconsider  the  vote 
on  the  adoption  of  the  amendment  of  Mr. 
Drake,  to  add  an  additional  section  after 
section  eleventh  of  the  article  on  Judicial 
Department,  establishing  district  courts. 

Mr.  Budd  moved  to  lay  the  motion  of  Mr. 
Strong  on  the  table,  and  on  this  motion  Mr. 
Bonham  demanded  the  ayes  and  noes,  and 
the  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Bonham,  Budd,  Bunce, 
Childress,  Davis  of  Nodaway,  Drake,  Evans, 


170 


Fulkerson,  Gamble.  Gilbert  of  Lawrence, 
Henderson,  Holdsworth,  McPherson,  Mack. 
Peck,  Rankin,  Sutton,  and  Williams  of 
Caldwell— 18. 

Noes— Messrs.  Barr,  Bush,  Clover,  Dod- 
son,  Fletcher,  Folmsbee.  Foster,  Gilbert  of 
Platte,  Gilstrap,  Kino-,  Linton,  Morton, 
Nixdorf,  Owens,  Rohrer,  St.  Gem,  Smith 
of  Worth,  Strong,  Swearingen,  Switzler, 
Thilenius,  Weatherby,  Williams  of  Scotland, 
and  Mr.  President — 24. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Holland.  Hume,  Husmann, 
Leonard,  McKernan,  Martin,  and  Meyer 
—8. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  D'Oench,  Ellis,  Esther,  Fiiley, 
Grammer,  Green,  Hoi  comb,  Hughes,  and 
Newgent— 11. 

Sick  — Messrs.  Cowden,  Mitchell,  and 
Smith  of  Mercer — 3. 

So  the  motion  to  lay  on  the  table  was  re- 
jected. 

The  question  then  recurring  on  Mr. 
Strong's  motion  to  reconsider,  Mr.  Bon- 
ham  demanded  the  ayes  and  noes,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bush.  Dodson,  Fletcher, 
Foster,  Gilbert  of  Platte,  Gilstrap,  Lin- 
ton, Morton,  Newgent,  Nixdorf,  Owens, 
Rohrer,  St.  Gem,  Smith  of  Worth,  Strong, 
Swearingen,  Switzler,  Thilenius,  Weatherby. 
Williams  of  Oal dwell,  and  Mr.  President— 
21. 

Noes— Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Clover,  Cowden.  Davis  of 
Nodaway,  Drake,  Evans,  Folmsbee,  Ful- 
kerson, Gamble,  Gilbert  of  Lawrence, 
Henderson,  Holdsworth,  King,  McPherson, 
Mack,  Peck,  Rankin,  Sutton,  Williams  of 
Scotland— 23. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Holland,  Hume.  Husmann, 
Leonard,  McKernan,  Martin,  and  Meyer — 8. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  D'Oench,  Ellis,  Esther,  Fiiley, 
Grammer,  Green,  Holcomb,  and  Hughes' — 
10. 

Sick — Messrs.  Mitchell  and  Smith  of  Mer- 
cer— 2 . 

So  the  motion  to  reconsider  was  rejected. 
Mr.  Drake  offered  the  following  amend- 
ment: 

Acid  to  section  thirteenth  the  following: 
After  the  year  one  thousand  eight  hundred 
and  seventy,  the  General  Assembly  may  in- 
crease the  number  of  judicial  circuits  as  the 
public  interest  may  require. 

Mr.  Owens  moved  to  amend  the  amend- 
ment of  Mr.  Drake  as  follows: 

m  Strike  out  all  before  the  year  one  thousand 
eight  hundred  and  seventy'. 
Which  was  rejected. 


The  question  then  being  on  the  amend- 
ment of  Mr.  Drake,  Mr.  Williams  of  Cald- 
well demanded  the  ayes  and  noes,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Cowden,  Dodson,  Drake, 
Evans,  Folmsbee,  Gilbert  of  Lawrence, 
Henderson,  Holdsworth,  King,  McPherson, 
Mack,  Peck,  Rankin,  Sutton,  and  Williams 
of  Scotland— 20. 

Noes — Messrs.  Bush,  Clover,  Davis  of 
Nodaway,  Fletcher,  Foster,  Fulkerson, 
Gamble,  Gilbert  of  Platte,  Gilstrap,  Linton, 
Morton,  Newgent.  Nixdorf,  Owens,  Rohrer, 
St.  Gem,  Smith  of  Worth,  Strong,  Swear- 
ingen, Switzler,  Thilenius,  Weatherby, 
Williams  of  Caldwell,  and  Mr.  President 
—24. 

Absent  with  Leave — Messrs.  Holland, 
Hume,  Husmann,  Leonard,  McKernan, 
Martin,  and  Meyer— 7. 

Absent  without  Leave — Messrs .  Adams, 
Bedford,  Davis  of  New  Madrid,  Ellis,  Es- 
ther, Fiiley,  Grammer,  Green,  Holcomb, 
and  Hughes — 10. 

Sick— Messrs.  D'Oench,  Mitchell,  and 
Smith  of  Mercer— 3. 

So  the  amendment  was  not  agreed  to . 

Mr.  Drake  moved  to  reconsider  the  vote 
upon  the  amendment  offered  by  Mr.  Strong 
to  section  thirteen,  inserting,  after  the  word 
"circuits,''  in  the  first  line,  the  words 
"not  exceeding  sixteen,  of  which  the 
county  of  St.  Louis  shall  constitute  one. ' ' 

Mr.  St.  Gem  moved  to  lay  the  motion  on 
the  table ;  on  Avhich  Mr.  Gilstrap  demanded 
tlit'  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows: 

Ayes — Messrs.  Bush,  Davis  of  Nodaway, 
Fletcher,  Foster,  Gamble,  Gilbert  of  Platte^ 
Linton,  Morton,  Nixdorf,  Owens,  Rohrer, 
St.  Gem,  Strong,  Sutton,  Switzler,  Thi- 
lenius. Weatherby,  and  Williams  of  Scot- 
land—18. 

Noes— Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Clover,  Cowden,  Dod- 
son, Drake,  Evans,  Folmsbee,  Fulkerson, 
Gilbert  of  Lawrence,  Gilstrap,  Henderson, 
Holdsworth,  King,  McPherson,  Mack, 
Newgent,  Peck,  Rankin,  Smith  of  Worth, 
Swearingen,  Williams  of  Caldwell,  and  Mr. 
President— 26. 

Absent  with  Leave — Messrs.  Holland, 
Hume,  Husmann,  Leonard,  McKernan. 
Martin,  and  Meyer — 7. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Ellis, 
Esther,  Fiiley,  Grammer,  Green,  Hol- 
comb, and  Hughes — 10. 

Sick — Messrs.  D'Oench,  Mitchell,  and 
Smith  of  Mercer — 3. 

So  the  motion  to  lay  on  the  table  the  motion 
to  reconsider  was  not  agreed  to . 

The  question  then  being  on  Mr.  Drake's 


171 


motion,  he  demanded  the  ayes  and  noes 
thereon;  and  the  vote  being  taken,  stood  as 
follows: 

Ayes — Messrs.  Barr.  Budd,  Bonce, 
Clover.  Cowden,  Dodson,  Drake.  Evans. 
Gilstrap.  King,  McPherson,  Mack,  Nixdorf, 
Peck,  Rankin.  Sutton,  Swearingen,  and 
Williams  of  Caldwell— 18. 

Noes — Messrs.  Bonham.  Bush,  Davis  of 
Nodaway,  Folmsbee,  Foster.  Fulkerson, 
Gamble.'  Gilbert  of  Lawrence.  Gilbert  of 
Platte,  Henderson.  Holcomb,  Holdsworth, 
Linton,  Morton.  Newgent.  Owens.  Eohrer, 
Smith  of  Worth,  Strong.  Switzler,  Thilenius, 
Weatherby,  Williams  of  Scotland,  and  Mr. 
President— 24. 

Absent  with  Leave — Messrs.  Holland, 
Hume.  Husmann,  Leonard,  McKernan, 
Martin,  and  Meyer — 7. 

Absent  without  Leave — Messrs.  Adams. 
Bedford.  Childress.  Davis  of  New  Madrid, 
Ellis.  Esther.  Filley.  Fletcher,  Grammer, 
Green.  Hughes,  and  St.  Gem — 12. 

Sick— Messrs.  D'Oench,  Mitchell,  and 
Smith  of  Mercer— o . 


So  the  motion  to  reconsider  was  not 
agreed  to. 

On  motion  of  Mr.  Drake,  the  article  on 
the  Judiciary  Department  was  ordered  to  be 
engrossed  for  a  third  reading. 

Mr.  Budd  moved  to  discharge  the  Com- 
mittee of  the  Whole  from  the  further 
consideration  of  the  article  on  State  Indebt- 
edness, and  to  consider  it  now  in  Convention ; 
which  was  agreed  to. 

Mr.  Owens  moved  that  a  committee  of 
nine  be  appointed — one  from  each  congres- 
sional district — to  divide  the  State  by 
counties  into  sixteen  judicial  circuits,  and 
the}r  report  at  an  early  day  as  practicable; 
which  was  agreed  to. 

Mr.  Budd  moved  to  take  up  the  article  on 
!  State  Indebtedness  ;  which  was  agreed  to. 

Pending  the  consideration  of  which,  on 
motion,  the  Convention  adjourned  until  9 
1  o'clock  to-morrow  morning. 


SIXTY-!: 


Convention  met  pursuant  to  adjournment,  j 
the  President  in  the  chair. 
Mr.  Drake  offered  the  following  reso- 
I  lution: 

Resolved.  That  the  Committee  on  Judicial  ■ 
*  Circuits  be  instructed  to  report  a  division  of  j 
;;  the  State  into  four  judicial  districts,  with  the 

times  and  places  of  holding  district  courts 

therein. 

The  President  announced  the  following  ; 
named  gentlemen  as  a  committee  to  divide 
the  State  into  sixteen  judicial  circuits,  as 
provided  for  in  the  motion  of  Mr.  Owens.  ! 
agreed  to  yesterday : 

Messrs.  Clover.  Owens.  Sutton.  Mack, 
Foster,  Gilbert  of  Platte,  Weatherby,  Gil- 
strap,  and  Holdsworth. 

Mr.  Strong  moved  to  amend  the  resolu- 
tion offered  by  Mr.  Drake,  by  striking  out 
the  word  "four'-  and  inserting  '-five;'' 
which  was  agreed  to . 

Mr.  Drake's  resolution  as  amended  was 
then  adopted. 

On  motion  of  Mr.  Holcomb,  the  leave  of 
absence  granted  to  Mr.  Leonard,  was; 
extended  for  one  week. 


OND  DAY. 

"WEDNESDAY.  March  22d,  18G5. 

On  motion  of  Mr.  Smith  of  Mercer,  leave 
of  absence  was  granted  to  the  Sergeant-at- 
arms  for  two  days. 

On  motion  of  Mr.  Barr,  the  regular  order 
of  this  day.  being  the  ordinance  for  the 
organization  of  the  Missouri  militia,  was 
taken  up . 

Mr.  Barr  offered  the  following  amend- 
ment thereto: 

Strike  out  section  two  and  insert  the  fol- 
lowing: The  Governor  may  nominate, 
and  by  and  with  the  consent  of  the  Senate, 
appoint  one  brigadier  general  for  each 
brigade  regularly  organized  and  ordered  into 
active  service:  each  brigade  thus  organized 
and  ordered  into  actual  service  by  the  com- 
mander-in-chief, shall  not  be  composed  of  a 
less  number  than  three  regiments,  consist- 
ing of  eight  hundred  and  thirty  men  each. 

The  question  being  on  the  amendment 
of  Mr.  Barr,  Mr.  St.  Gem  demanded  the 
ayes  and  noes  thereon,  and  the  vote  being 
taken,  stood  as  follows: 

Ayes — Messrs.  Ban1.  Bedford,  Bonham. 
Bimce.  Bush.  Childress,  Clover.  Davis  of 
Nodaway,  Drake.  Ellis,  Evans,  Filley, 
Fletcher,  Folmsbee,  Foster,  Fulkerson, 
Gilbert  of  Lawrence,   Green,  Henderson, 


172 


Holcomb,  Holdsworth,  Kino-,  Linton,  Mc- 
Pherson,  Mack,  Nrxdorf,  Peck,  Rankin, 
Rohrer,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen,  Weatherby, 
Williams  of  Caldwell,  and  Mr.  President— 37. 

Noes — Messrs.  Dodson,  D'Oench.  Gam- 
ble, Gilbert  of  Platte,  Gilstrap,  Morton, 
Ncwsrent,  Owens,  St.  Gem,  Thilenins,  and 
Williams  of  Scotland— 11. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Holland,  Hume,  Husmann, 
Leonard.  MeKernan,  Martin,  and  Meyer— 8. 

Absent  without  Leave — Messrs.  Adams, 
Esther,  Grammer,  and  Switzler — 4. 

Sick — Messrs.  Budd,  Cowden,  Hughes, 
and  Mitchell— 4. 

So  the  amendment  was  adopted . 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  by  striking  out  section  first,  and 
inserting,  in  lieu  thereof,  the  following: 
The  organization  of  the  militia  of  this 
State,  under  the  act  of  the  General  Assem- 
bly, entitled  "An  act  for  the  organization 
and  government  of  the  Missouri  militia, " 
approved  February  10,  1865,  may  be  made 
at  such  time  as  the  Governor  may  direct, 
anything  in  the  twenty-first  section  of  said 
act  to  the  contrary  notwithstanding. 

Mr.  Strong  offered  the  following  amend- 
ment: 

Strike  out  sections  one  and  two,  and  in- 
sert, as  section  one,  the  following: 

Section  1.  As  soon  as  the  militia  shall  be 
enrolled,  they  shall  organize  themselves 
into  platoons  and  companies,  within  such 
time  as  the  Governor  shall  direct;  and  if 
they  fail  to  organize  within  the  time  named, 
the  Governor  shall  organize  them  into  com- 
panies, and  commission  competent  officers 
to  command  them.  He  shall  also  organize 
said  companies  into  regiments,  and  appoint 
the  necessary  regimental  officers.  No  com- 
pany of  militia  shall  be  called  into  actual 
service,  or  taken  from  the  county  in  which 
it  is  organized,  except  to  repel 'actual  in- 
vasion, or  to  resist  and  capture,  or  destroy, 
armed  bands  of  murderers  or  marauders. 
The  Governor  may  appoint  two  general  offi- 
cers of  experience  and  skill,  with  the  rank 
and  pay  of  colonel,  to  superintend  the  en- 
rollment and  organization  of  the  militia,  as 
herein  provided  for,  under  direction  of  the 
Governor;  and  no  officers  of  higher  grades 
than  in  this  ordinance  are  specified,  shall  be 
appointed.  All  acts  or  parts  of  acts  incon- 
sistent herewith  are  hereby  repealed . 

The  question  being  on  the  amendment  of 
Mr.  Strong,  Mr.  Mack  demanded  the  ayes 
and  noes  thereon,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes— Messrs.  Bedford,  Childress,  Evans, 
Fulkerson,  Gilbert  of  Lawrence,  Platte, 
Henderson,  Mack,  Morton,  Newgent,  Nix- 
dorf.  Owens,  Rankin.  St.  Gem,  Smith  of 


Worth,  Strong,  Swearingen,  Switzler,  and 
Williams  of  Scotland— 19, 

Noes — Messrs.  Barr,  Bonham,  Bunce, 
Bush,  Clover,  Davis  of  Nodaway,  Dodson, 
D'Oench,  Drake,  Filley,  Fletcher,  Folms- 
bee,  Gamble,  Gilstrap,'  Green,  Holcomb, 
Holdsworth,  King,  Linton,  McPherson, 
Peck,'  Rohrer,  Smith  of  Mercer,  Sutton, 
Weatherby,  and  Mr.  President — 26. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Holland,  Hume.  Husmann, 
Leonard,  MeKernan,  Martin,  and  Meyer — 8. 

Absent  without  Leave — Messrs.  Adams, 
Ellis,  Esther,  Foster,  Grammer,  Thilenius, 
and  Williams  of  Caldwell— 7. 

Sick — Messrs.  Budd,  Cowden,  Hughes, 
and  Mitchell— 4. 

So  the  amendment  was  not  agreed  to. 

Mr.  Bonham  offered  the  following  amend- 
ment: 

Amend  section  two  by  prefixing  thereto 
the  following  words:  "There  shall  be  no 
military  gmde  higher  than  a  brigadier  gen- 
eral,  and. ' ' 

Which  was  adopted. 

Mr.  Bonham  moved  to  strike  out  section 
third  of  the  ordinance  for  the  organization  of 
the  Missouri  militia;  which  motion  was 
withdrawn. 

Mr.  Drake  moved  to  reconsider  the  vote 
by  which  the  second  section  of  the  militia 
ordinance  was  stricken  out,  and  Mr.  Barr '8 
substitute  was  adopted. 

On  which,  Mr.  Bonham  demanded  the 
ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Bunce,  Bush,  Clover,  Dod- 
son, Drake,  Gamble,  Gilbert  of  Platte,  King, 
Linton,  Swearingen,  and  Thilenius — 11. 

Noes — Messrs.  Barr,  Bedford,  Bonham, 
Childress,  Davis  of  Nodaway,  D'Oench, 
Evans,  Fletcher,  Folmsbee.  Gilbert  of  Law- 
rence, Henderson,  Holcomb.  Holdsworth, 
Mark,  Newgent,  Nixdort.  Peck,  Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Strong, 
Sutton,  Weatherby,  and  Williams  of  Scot- 
land—24. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid.  Holland,  Hume,  Husmann, 
Leonard,  MeKernan,  Martin,  and  Meyer — 8, 

Absent  without  Leave — Messrs.  Adams, 
Ellis,  Esther,  Filley,  Foster,  Gilstrap.  Gram- 
mer, Green,  McPherson,  Morton,  Owens, 
Rankin.  St.  Gem,  Switzler,  Williams  of 
Caldwell,  and  Mr.  President— 1G. 

Sick — Messrs.  Budd,  Cowden,  Hughes, 
and  Mitchell— 4. 

Excused— Mr.  Fulkerson— 1 . 

So  the  motion  to  reconsider  was  not 
agreed  to. 

On  motion  of  Mr.  Fletcher,  leave  of  ab- 
sence was  granted  Mr.  St.  Gem  for  this 
afternoon. 


178 


Mr.  Strong  offered  the  following  as  an 
additional  section: 

This  ordinance  shall  take  effect  from  and 
after  its  adoption,  and  all  acts  and  ordi- 
nances inconsistent  herewith  are  hereby 
repealed. 

Pending  which,  the  Convention  adjourned 
until  half-past  2  o'clock  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  Convention  ordered  a  call  of  the  house, 
and  the  following  members  responded  to 
their  names: 

Messrs.  Bonham,  Childress,  Davis  of 
Nodaway,  Dodson,  Drake.  Folmsbee,  Fos- 
ter. Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Henderson.  Holdsworth,  King.  McPherson, 
Mack,  Newgent,  Nixdorf.  Owens,  Peck, 
Rankin,  Rohrer,  Sutton,  Thilenius,  Wil- 
liams of  Caldwell,  Williams  of  Scotland,  and 
Mr.  President— 26. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Holland.  Hume.  Husmaun, 
Leonard.  McKernan,  Martin,  and  Meyer— 8. 

Sick— Messrs .  Budd,  Cowden,  Hughes, 
and  Mitchell— 4. 

Absent  without  Leave — Messrs.  Adams, 
Barr,  Bedford,  Bunce,  Bush,  Clover, 
D'Oench,  Ellis,  Esther,  Evans,  Filley, 
Fletcher.  Gilbert  of  Platte.  Giistrap,  Gram- 
mer,  Green,  Holcomb,  Linton,  Morton, 
St.  Gem.  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Swearingen,  Switzler,  and  Weatherbv 
—2(5. 

The  Sergeant-at-arms  reported  Messrs. 
Strong,  Bush,  Gilbert  of  Platte,  Holcomb 
and  Green  without  the  bar,  and  under  arrest. 

Messrs.  Strong  and  Bush  rendered  their 
excuse;  and  on  motion  of  Mr.  Folmsbee, 
they  were  excused  by  the  Convention. 

On  motion  of  Mr.  Newgent,  further 
proceedings  under  the  call  were  dispensed 
with. 

Mr.  Busu  moved  to  refer  the  ordinance  for 
the  organization  of  the  Missouri  militia,  with 
its  amendments,  to  a  special  committee; 
which  motion  was  agreed  to. 

The  President  announced  the  following 
j  as  said  committee:  Messrs.  Barr,  Foster  and 
Strong. 

On  motion  of  Mr.  Drake,  the  article  on 
the  Mode  of  amending  and  revising  the 
Constitution  was  taken  up. 

Mr.  Drake  called  up  the  amendment, 
previously  offered  by  him.  to  said  article, 
and  which,  modified  by  him,  is  as  follows: 


Strike  out  section  third,  and  insert  in  lieu 
thereof  the  following :  The  General  Assembly 
may.  at  any  time  or  rimes  after  the  year  one 
thousand  eight  hundred  and  seventy, 
authorize,  by  law,  a  vote  of  the  people  to  be 
taken  upon  the  question  whether  a  Conven- 
tion shall  be  held  for  the  purpose  of  revising 
and  amending  the  Constitution  of  this  State"; 
and  if,  at  such  election,  a  majority  of  the 
votes  on  the  question  be  in  favor  of  a  Con- 
vention, the  Governor  shall  issue  writs  to 
the  sheriffs  of  the  different  counties,  ordering 
the  election  of  delegates  to  such  a  Convention, 
on  a  day  within  three  months  after  that  on 
which  the  said  question  shall  have  been 
voted  on.  At  such  election,  each  senatorial 
district  shall  elect  two  delegates  for  each 
Senator  to  which  it  may  then"  be  entitled  in 
the  General  xissembly.  and  every  such 
delegate  shall  have  the  qualifications  of  a 
Senator.  The  election  shall  be  conducted  in 
conformity  with  the  laws  regulating  the 
election  of  Senators.  The  delegates  so 
elected  shall  meet  on  the  fourth  Wednesday 
succeeding  their  election,  at  such  place  as 
may  be  provided  by  law,  and  organize 
themselves  into  a  Convention,  in  such  man- 
ner as  they  may  determine  upon,  and  proceed 
to  revise  and  amend  the  Constitution;  and 
the  Constitution,  when  so  revised  and 
amended,  shall,  on  a  day  to  be  therein  lixed, 
not  less  than  sixty  nor  more  than  ninety  days 
after  that  on  which  it  shall  have*  been 
adopted  by  the  Convention,  be  submitted  to 
a  vote  of  the  people  for  and  against  it,  at  an 
election  to  be  held  for  that  purpose  only ;  and 
if  a  majority  of  all  the  votes  given  be  in  favor 
of  such  Constitution,  it  shall,  at  the  end  of 
thirty  days  alter  such  election,  become  the 
Constitution  of  this  State.  The  result  of 
such  election  shall  be  made  known  by 
proclamation  by  the  Governor .  The  General 
Assembly  shall  have  no  power,  otherwise 
than  as  in  this  section  specified,  to  authorize 
a  Convention  for  revising  and  amending  the 
Constitution. 

Mr.  Switzler  moved  to  amend  Mr. 
Drake's  amendment,  as  follows: 

Strike  out  of  the  first  and  second  lines  the 
words  k  4or  times  after  the  year  one  thousand 
eight  hundred  and  seventy . ' ' 

Which  amendment  was  accepted  by  Mr. 
Drake  . 

Pending  which.  Mr.  Gilstrat  offered  the 
following  amendment : 

Amend  bv  adding  to  the  amendment  :  Pro- 
vided, That*  this  Constitution  shall  be  sub- 
mitted to  a  vote  of  the  people,  for  their 

ratification  or  rejection,   on  the   ■  day 

of  . 

After  debate,  Mr.  Gilstrar  withdrew  his 
amendment. 

The  question  being  on  the  adoption  of 
the  amendment  offered  by  Mr.  Drake,  he 


174 


demanded  the  ayes  and  noes  thereon,  and 
the  vote  being-  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bedford,  Bonham, 
Childress,  Clover,  Davis  of  Nodaway,  Dod- 
son,  D'Oench,  Drake,  Evans,  Folnisbee, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Gilbert  of  Platte,  Green,  Henderson,  King, 
McPherson,  Mack,  Morton,  Newgent,  Nix- 
dorf,  Peck,  Rankin,  Smith  of  Mercer,  Smith 
of  Worth,  Strong.  Sutton.  Swearingen, 
Weatherby,  Williams  of  Caldwell,  and  Wil- 
liams of  Scotland — 33. 

Noes — Messrs.  Bush,  Gilstrap,  Holcomb, 
Linton,  Owens,  Thilenius,  and  Mr.  Presi- 
dent— 7. 

Absent  with  Leave — Messrs,  Davis  of 
New  Madrid,  Holland,  Hume,  Husmann, 
Leonard,  McKernan,  Martin,  Meyer,  and 
St.  Gem— 9. 

Absent  without  Leave — Messrs.  Adams, 
Bunce,  Esther,  Filley,  Fletcher,  Foster, 
Gra  miner,  Holds  worth.  Rohrer,  and  Switz- 
ler— 10. 

Sick — Messrs.  Budd,  Cowclen,  Hughes, 
and  Mitchell— 4. 

Excused — Mr .  Ellis — 1 . 

So  the  amendment  was  adopted. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  two  by  striking  out  the 
words  ' '  having  the  largest  circulation 
therein. '  * 

Mr.  Gilstrap  offered  the  following  amend- 
ment, which  was  adopted: 

Strike  out,  in  seventh  line,  second  section, 
the  word  '-coming,"  and  insert  '  •ensuing. ' 1 

Mr.  Bush  offered  the  following  amend- 
ment, which  was  rejected: 

Insert  in  section  three,  after  the  word 
"time,"  the  words,  "and  shall  not,  later 
than  in  the  year  1880,  and  each  twentieth 
year  thereafter. " ' 

Mr.  Gilstrap  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  two,  line  thirteen,  by 
striking  out  the  word  "parts,''  and  insert 
in  lieu  thereof  the  words  *  'a  part. ' ' 


On  motion  of  Mr.  Gilstrap,  the  article  on 
the  Mode  of  amending  and  revising  the  Con- 
stitution, as  amended,  was  ordered  to  be 
j  engrossed  for  a  third  reading. 

Mr.  Drake  offered  the  following  resolu- 
|  tion : 

Resolved,  That  the  Committee  on  the 
;  Legislative  Department  be  instructed  to  re- 
port, by  ordinance  or  otherwise,  provisions 
for  the  submission  of  the  Constitution 
adopted  by  this  Convention  to  a  vote  of  the 
people  for  ratification. 

On  this,  Mr.  Drake  demanded  the  pre- 
vious question,  which  was  sustained. 

The  question  then  being  on  the  resolu- 
tion offered  by  Mr.  Drake,  Mr.  Clover 
demanded  the  ayes  and  noes  thereon,  and 
|  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bedford,  Bonham, 
j  Bunce,  Bush,  Childress,  Clover,  Davis  of 
(Nodaway,  Dodson,  Drake,  Ellis,  Evans, 
I  Folmsbee,  Fulkerson,  Gamble,  Gilbert  of 

Lawrence,  Gilbert  of  Platte,  Gilstrap,  Green, 
'Henderson.  Holcomb,  Holds  worth,  King, 
I  Linton,  McPherson,  Mack,  Morton,  New- 
|  gent,  Nixdorf,  Owens,  Peck,  Rankin, 
j  Rohrer,  Smith  of  Mercer,  Smith  of  Worth, 

Strong.    Sutton,    Swearingen,  Switzler, 
I  Thilenius,  Weatherby,   Williams  of  Cald- 
!  well,  Williams  of  Scotland,  and  Mr.  Presi- 
|  dent— 14. 
j    Noes — None. 

Absent  with  Leave — Messrs.  Davis  of 

New  Madrid,  Holland,  Hume,  Husmann, 
I  Leonard,  McKernan,  Martin,  Meyer,  and 
|  St.  Gem— 9. 

!    Absent  without  Leave — Messrs.  Adams, 
D'Oench,  Esther,  Filley,  Fletcher,  Foster, 
and  Grammer — 7. 
Sick — Messrs.  Budd,  Cowden,  Hughes, 

:  and  Mitchell— 4. 

So  the  resolution  was  unanimously 
adopted. 

On  motion,  Convention  adjourned  until  9 
j  o'clock  to-morrow  morning. 


SIXTY-THIRD  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Barr  called  up  the  resolution  offered 
by  Mr.  Smith  of  Worth,  on  the  eighth  day 
of  the  session  of  this  body,  relative  to  print- 


THURSDAY,  March  23d,  1865. 

ing  four  thousand  nine  hundred  copies  of  the 
Ordinance  of  Emancipation. 

Mr.  Gilstrap  moved  to  rescind  the  reso- 
lution offered  by  Mr.  Smith  of  W orth,  on  the 
eighth  day  of  the  session  of  this  body,  rela- 


175 


.'rive  to  printing  four  thousand  nine  hundred  ; 
copies  of  the  Ordinance  of  Emancipation. 

Mr.  Hughes  demanded  the  previous  ques-  j 
lion,  which  was  sustained  by  the  Conven- , 
tion . 

!   The  question  then  being  on  the  motion  of . 

{Mr.  Gilstrap,  the  same  was  carried. 

:   On  motion  of  Mr.  Bonham,  the  article  on! 

Railroad  Indebtedness  was  taken  up. 

'   Mr.  Bubd  offered  the  following  amend- 

!    Strike  out  the  word  "March,"  in  the 
sixth  line  of  section  hrst,  and  insert  in  lieu 
thereof  ■  'July. 
Which  was  agreed  to . 
Mr.  Gilstrap  offered  the  following  sub- 
■Statute for  the  article  on  Railroad  Indebted-: 
| mess,  and  other  articles  therewith  connected :  I 

ARTICLE   — . 

Railroads,  and  State  Indebtedness . 
Section  1.  The  General  Assembly  shall 
have  no  power  to  release,  diminish.  6r  per-  j 

imit  to  be  encumbered,  any  mortgage  lien, 
statutory  lien  or  other  security  which  the  ' 
State  now  holds  upon  the  property — real,  j 
personal,  or  mixed — of  any  railroad  com- 
panv  incorporated  under  the  laws  of  this 
State,  for  the  payment  of  any  debt  or  other  \ 

'  liability,  due  or  to  become  due  to  said  State 
from  any  such  railroad  company,  except 
upon  payment  in  money.    Xor  shall  the; 

i  General  Assembly  have  any  power  to  loan  j 
the  credit  of  the  State,  in  the  form  of  bonds,  j 

I guarantees,  securities,  or  otherwise;  or  to 

I  loan  money  to  any  railroad  company. 

Sec.  2.  The  property — real,  personal,  and 

i  mixed — of  any  railroad  company,  and  all 

i  other  private  corporations  within  this  State, 
shall  be  subject  to  taxation,  in  the  same  \ 
manner  and  to  the  same  extent  as  the  prop-  ; 

|  erty  of  the  citizens  of  the  State  is  subject  to 
taxation,  anything  in  their  charters  to  the 

;  contrary  notwithstanding. 

Sec.  3.   Xo  railroad  company  shall  be 

j  taxed  upon  its  tonnage  freight,  or  carrying 
business,  nor  upon  the  passengers  carried  by  , 

i  it:  nor  shall  any  railroad  company  be  per-  j 

:  mitted  to  charge  any  greater  rate  per  mile,  ' 

I  for  freight  or  passage,  than  that  hxed  by 
Jaw. 

Sec.  4.  The  General  Assembly  shall  pro-  j 
Hide,  by  law.  for  the  payment  of  the  State 
debt:  and  for  that  purpose  may  set  apart,  as 
a  sinking  fund,  such  part  of  the  State  reve- 
\  nue  as  they  may  think  expedient. 

Mr.  Box  ham  moved  to  pass  over  the  arti- 
cle on  Railroad  Indebtedness,  temporarily.  , 
and  order  the  substitute  offered  by  Mr.  Gil- 
strap  for  the  same  to  be  printed :  which  was 
carried . 

On  request  of  Mr.  Rohrer,  leave  of 
absence  was  granted  to  Mr.  Nixdorf  for 
live  davs. 


The  Chairman  of  the  Committee  on  the 
Legislative  Department  presented  the  fol- 
lowing additional  article,  entitled  "Pro- 
visions for  putting  this  Constitution  into 
force."  which  was  read  a  first  and  second 
time,  and  ordered  to  be  printed: 

ARTICLE  — . 

Provisions  for  putting  this   Constitution  into 
force . 

Section  1.  The  preceding  parts  of  this 
instrument  shall  not  take  effect  unless  this 
Constitution  be  adopted  by  the  people,  at 
the  election  to  be  held  as  hereinafter  directed: 
but  the  provisions  of  this  article  shall  be  in 
force  from  the  day  of  the  adoption  of  this 
Constitution  by  the  representatives  of  the 
people  in  their  Convention  assembled. 

Sec.  2.  For  the  purpose  of  ascertaining 
the  sense  of  the  people  in  regard  to  the 
adoption  or  rejection  of  this  Constitution, 
the  same  shall  be  submitted  to  the  qualified 
voters  of  the  State,  at  an  elecrion  to  be  held 

on  the           day  of  .  one  thousand  eight 

hundred  and  'sixty -five,  at  the  several 
election  precincts  in  this  State,  and  else- 
where, as  hereinafter  provided.  On  that 
day,  or  on  any  day  not  more  than  fifteen 
days  prior  thereto.'  such  qualified  voters  of 
this  State  as  shall  then  be  absent  from  the 
places  of  their  residence,  by  reason  of  being 
in  the  military  service  of  the  United  States, 
or  of  this  State,  whether  they  then  be  in  or 
out  of  this  State,  shall  be  entitled  to  vote  on 
the  adoption  or  rejection  ot  this  Constitu- 
tion. For  that  purpose  a  poll  shall  be 
opened  in  each  Missouri  regiment  or  com- 
pany in  such  service,  at  the  quarters  of  the 
commanding  officer  thereof,  and  the  voters 
of  this  State' belonging  to  such  regiment  or 
company,  and  any  others  belonging  to  any 
such  regiment  or'  company,  and  who  may 
be  present,  may  vote  at  such  poll.  Any  one 
or  two  commissioned  officers  of  such  regi- 
ment or  company,  who  may  be  present  at 
the  opening  of  the  poll,  shall  act  as  judge 
or  judges  of  the  election:  and  if  no'  such 
officer  be  present,  then  the  voters  of  such 
regiment  or  company  present  shall  elect 
two  of  the  voters  present  to  act  as  such 
judges.  Every  such  judge  shall,  before  any 
votes  are  received,  take  an  oath,  or  affirma- 
tion, that  he  will  honestly  and  faithfully 
perform  the  duties  of  judge,  and  make 
proper  returns  of  the  votes  given  at  such 
election:  and  such  oath  the  judges  may 
administer  to  each  other.  In  any'electioh 
held  in  a  regiment  or  compauy.'the  polls 
shall  be  opened  at  eight  o'clock.  A.  M.. 
and  closed  at  six  o'clock.  P.  M. 

Sec.  8.  The  election  provided  for  in  the 
next  preceding  section  shall  be  by  ballot. 
Those  ballots  in  favor  of  the  Constitution 
shall  have  written  or  printed  thereon  the 
words  '*5few  Constitution — Yes:"  those 
against  the  Constitution  shall  have  written  or 
printed  thereon  the  words  •  'New  Constitu- 
tion— Xo . ' ' 


176 


Sec.  4.  The  said  election  shall  be  con- 
ducted by,  and  the  returns  thereof  made  to, 
the  clerks  of  the  several  county  courts,  and 
by  them  certified  to  the  Secretary  of  State, 
as  provided  by  law  in  the  case  of  elections  of 
State  officers;'  and  where  an  election  shall  be 
held  in  a  regiment  or  company,  the  returns 
thereof,  with  the  poll-books,  shall  be  certi- 
fied to  the  Secretary  of  State,  and  may  be 
transmitted  by  mail,  or  by  any  messenger  to 
whom  the  judges  of  the  election  may  entrust 
the  same  for  that  purpose . 

Sec.  5.  Any  qualified  voter  of  this  State, 
within  the  State,  who,  on  the  day  of  said 
election,  shall  be  absent  from  the  place  of  his 
residence,  may  vote  at  any  place  of  voting, 
upon  satisfying  the  judges  that  he  is  a 
qualified  voter,  and  being  sworn  by  them 
that  he  has  not  voted,  and  will  not  vote,  in 
said  election,  at  any  other  election  precinct. 

Sec.  6.  At  said  election,  no  person  shall 
be  allowed  to  vote  who  is  not  a  qualified 
voter  according  to  the  terms  of  this  Consti- 
tution. The  judges  of  election  shall  admin- 
ister, to  every  person  ottering  to  vote,  the 
oath  or  affirmation  prescribed  by  this 
Constitution,  in  lieu  of  the  oath  now  required 
to  be  taken  by  voters,  under  the  ordinance 
of  June  10,  1862;  and  should  any  such 
person  decline  to  take  said  oath,  he  shall  not 
be  permitted  to  vote  at  said  election ;  but  the 
taking  thereof  shall  not  be  deemed  conclusive 
evidence  of  the  right  of  such  person  to  vote, 
but  such  right  may  be  disputed  and  disproved. 

Sec.  7.  On  the    day  of    next 

ensuing  said  election,  the  Secretary  of  State 
shall,  in  presence  of  the  Governor,  the 
Attorney  General,  or  the  State  Auditor, 
proceed  to  examine  aud  cast  up  the  returns 
of  the  votes  taken  at  said  election,  and 
certified  to  him,  including  those  of  persons 
in  the  military  service;  and  if  it  shall  appear 
that  a  majority  of  all  the  votes  cast  at  such 
election  were  in  favor  of  the  Constitution, 
the  Governor  shall  issue  his  proclamation, 
stating  that  fact;  and  this  Constitution  shall, 
on  the  fourth  day  of  July  next  ensuing,  be 
the  Constitution  of  the  State  of  Missouri. 

Mr.  Drake  offered  the  following  resolution : 

Resolved,  That  the  rules  of  debate  in  force 
in  the  Convention  shall  be  applicable  and 
enforced  in  the  Committee  of  the  Whole. 

Mr.  Bonham  offered  the  following  as  a 
substitute  for  the  resolution: 

Resolved ',  That  the  Committee  of  the  Whole 
be  abolished  in  this  Convention. 

Which  was  decided  out  of  order. 

Mr.  Davis  of  Nodaway  demanded  the 
previous  question,  which  was  not  sustained. 

The  question  being  on  the  adoption  of 
the  resolution  of  Mr.  Drake,  Mr.  Bonham 
demanded  the  ayes  and  noes,  and  the  vote 
being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Bucld, 
Childress,  Davis  of  Nodaway,  Drake,  Fil- 
ley,  Fulkerson,  Newgent,  Peck,  Sutton, 


Swearingen,  Weatherbv,  and  Williams  oi 
Scotland — 14. 

Noes— Messrs.  Bedford,  Bush,  Clover, 
Dodson,  D'Oench,  Ellis,  Evans,  Folmsbee, 
Gamble,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Gilstrap,  Green,  Holcomb,  Hughes, 
Hume,  King,  Linton,  McPherson,  Owens,; 
Kohrer,  St.  Gem,  Smith  of  Mercer,  Smiths 
of  Worth,  Switzler,  Thilenius,  and  Mr  J 
President— 27. 

Absent  with  Leave— Messrs .  Davis  ol 
New  Madrid,  Holland,  Husmann,  Leonard, 
Martin,  Meyer,  and  Nixdorf— 7. 

Absent  without  Leave — Messrs.  Adams, 
Bunce,  Esther,  Fletcher,  Foster,  Gramnier, 
Henderson,  Holdsworth,  McKernan,  Mack, 
Morton,  Rankin,  Strong,  and  Williams  of 
Caldwell— 14. 

Sick— Messrs.  Cowden  and  Mitchell— 2. 

So  the  resolution  was  rejected. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole,  to  consider  amendments  to  the 
Constitution .  After  some  time  spent  therein, 
the  President  resumed  the  chair,  and  Mr. 
Bonham  reported  that  the  Committee  had, 
according  to  order,  had  under  consideration 
amendments  to  the  Constitution,  and  par- 
ticularly the  article  on  Elections,  Qualifi- 
cations of  Voters.  Officers,  and  others,  but 
had  come  to  no  resolution  thereon. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M, 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  Chair. 

On  motion  of  Mr.  Weathekby,  the  fol- 
lowing resolutions,  heretofore  offered  by  Mr. 
Williams  of  Scotland,  were  ordered  to  be 
spread  upon  the  journal: 

Be  it  resolved  by  the  people  of  the  State  of  Mis- 
souri, in  Convention  assembled  : 

1.  That  it  shall  be  the  duty  of  each  dele- 
gate elected  to  this  Convention  to  lay  out, 
frame,  put  together,  build  and  make  a  Con- 
stitution that  "will  harmonize,  not  with  the 
viewTs  of  a  majority  of  the  members  of  this 
Convention,  nor  with  the  views  of  a  major- 
ity of  the  people  of  the  State  of  Missouri; 
but  it  shall  be  his  duty  to  make  a  Constitu- 
tion that  will  harmonize  in  every  particular 
with  his  own  individual  prejudices,  so  that 
when  it  is  submitted  for  ratification  or  rejec- 
tion, not  to  the  people  of  the  State,  but  to 
himself  individually,  it  may  be  adopted 
without  one  dissenting  voice.  Adopted 
unanimously. 

2.  That  if  this  Convention  should  have 
the  audacity  and  effrontery  to  adopt,  by  a 


177 


majority  of  all  tlie  members  elect,  a  Consti- 
tution other  than  the  one  mentioned  in  the 
first  resolution,  then  it  shall  be  the  duty  of 
'all  the  delegates  who  feel  aggrieved  in  eon- 
sequence  thereof,  to  stump  every  count}' , 
township,  school  district,  precinct,  school- 
bouse,  farm-house,  meeting-house,  log- 
house,  saw  mill,  beer  saloon,  and  beer  gar- 
den in  the  State;  so  that  when  the  people 
become  fully  aware  that  the  Constitution 
jdoes  not  harmonize  with  the  individual 
'prejudices  of  the  delegate  so  aggrieved, 
they  may  reject  it  by  an  overwhelming 
Majority;  and  that  we  pledge  St.  Louis  to 
'give  a  majority  of  five  thousand  against  it. 
'3.  That' St.  Louis  is  Missouri;  that  Turner 
'Hall  is  the  forum  of  America,  the  mouth  - 
i [piece  of  this  State,  and  celebrated  for  its  great 
'Barons,  its  Cromwellian  style  of  doing  busi- 
ness, its  lager  beer  and  big  petitions . 
!  4.  That  St.  Louis  is,  and  by  right  ought 
(to  be,  a  free  and  independent  city,  with  full 
jpower  to  elect  its  own  Governor  and  Legis- 
lature; and  that  all  attempts  to  annex  it  to 
:the  State  ot  Missouri,  or  to  subject  it  to  such 
daws  as  those  to  which  other  parts  of  the 
State  are  subjected,  ought  to  be  resisted  with 
the  whole  power  of  the  German  empire. 

5.  That,  in  order  that  the  orations  deliv- 
ered in  this  hall  may  be  preserved  in  all  their 
original  purity,  grace,  and  elegance,  this 
'Convention  shall  employ  a  special  reporter, 
i whose  duty  it  shall  be  to  write  down  all 
speeches,  word  for  word,  and  letter  for 
iletter,  just  as  they  fall  from  the  lips  of  the 
(orators ;  with  the  accent,  emphasis,  articula- 
tion, pronunciation,  gesture,  and  all  the 
other  variations,  as  near  as  may  be,  together 
with  the  direct  bearing  that  they  have  upon 
the  subject  under  discussion,  in  order  that 
jthey  may  be  deposited  in  the  museum  in  this 
ieity,  to  be  exhibited  as  unnatural  curiosities ; 
'and  that  all  money  received  for  such  exhibi- 
tion shall  be  paid*  into  the  State  treasury  to 
'defray  the  expenses  of  this  Convention. 
.  6.  That  there  should  be  written  over  the 
'door  leading  to  little  Library  Hall,  in  large 
letters,  the  following  words,  to- wit:  ••All 
;  kinds  of  turning  and  twisting  done  here — 
gas  for  sale  cheap,  and  blowing  done  to 
order. ' ' 

7.  That  there  are  but  three  seats  on  the 
bench  of  the  Supreme  Court,  and  that  there 
should  be  one  more,  to  be  filled  by  the  great 
American  Solon . 

I  And  wherreas,  certain  lawyers,  pettifoggers, 
and  one-horse  judges  have  been  wrangling 

■  and  contending  in  this  Convention  for  nearly 
three  months  to  create  new  positions,  and 

j  vacating  others  to  be  filled  by  themselves 
individually,  and  have  accomplished  nothing 
but  waste  of  time  and  public  money;  there- 
fore be  it 

8.  Resolved,  That  all  lawyers,  pettifogo-ers, 
judges  and  clerks  of  courts,  and  especially 
all  aspirants  to  a  judgeship,  are  respectfully 


requested  to  ask  for  leave  of  absence  for  six 
months,  or  until  the  poor  mudsills  shall 
have  extricated  the  business  of  this  body 
from  the  inextricable  confusion  into  which 
it  has  been  brought  through  their  agency. 

9.  That  all  e  'party  breakers,  "  i "conven- 
tion smashers,*'  and  ••wheel  blockers," 
who  oft  and  again  threaten  to  annihilate  this 
•  -  one-horse  convention.  ■ '  though  we  admit 
that  their  minds  are  as  profound  and  as 
philosophical  as  a  Bacon ,  and  their  eloquence 
has  all  the  strength  of  Demosthenes,  and 
all  the  beauty  of  a  Cicero .  with  wit  superior 
to  a  Randolph,  and  sarcasm  exceeding  a 
Burgess,  still  they  often  remind  us  that  some 
animals  are  distinguishable  by  their  great 
length  of  ears.  and.  though  clothed  in  the 
skins  of  lions,  yet  we  can  hardly  be  deceived 
by  the  furious  braying  of  self-conceited 
asses . 

10.  That  virtue  and  id ublic  morals  are  dead, 
and  that  the  great  Missouri  State  Convention 
killed  them. 

11.  That  this  Convention  was  called  to- 
gether for  that  purpose  only. 

"  12.  That  it  is  the  duty  of  this  Convention 
to  bury  their  remains,  erect  a  monument  to 
their  memory,  inscribe  some  touching  and 
mournful  epitaph  thereon ,  and  then  adjourn, 
and  sneak,  in  shame  and  silence,  to  our 
homes . 

13.  That,  before  doing  this,  however,  and 
since  Ave  have  slain  virtue  and  killed  public 
morals,  and  expressed  a  willingness  to  stab 
the  Protestant  Church  under  the  fifth  rib  to 
conciliate  the  minority,  we  should  now,  as  a 
further  act  of  conciliation,  declare  that  the 
ti'ii  commandments  are  a  humbug:  that 
there  is  no  God  but  Bacchus,  and  that  death 
is  an  eternal  state  of  bacchanalian  revelry. 
Then  we  shall  have  completed  our  labors, 
and  can  go  home  rejoicing. 

On  motion  of  Mr.  Boxham,  the  Conven- 
tion resolved  itself  into  a  Committee  of  the 
Whole  to  resume  the  consideration  of  amend- 
ments to  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Weatheeby  reported  that 
the  committee  had,  according  to  order, 
had  under  consideration  amendments  to  the 
Constitution,  and  particularly  the  article 
on  Elections  and  Qualification  of  Voters,  Offi- 
cers, and  others,  but  had  come  to  no  resolu- 
tion thereon. 

Mr.  Williams  of  Caldwell  asked  leave  of 
absence  for  Mr.  Holdsworth  for  five  days, 
which  was  granted. 

On  motion  of  Mr.  Baku,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow 
morning. 


178 


SIXTY-FOURTH  DAT. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the 
Whole  to  take  under  consideration  amend- 
ments of  the  Constitution.  After  some  time 
spent  therein,  the  President  resumed  the 
chair,  and  Mr.  Gilbert  of  Platte  reported 
that  the  Committee  of  the  Whole  had, 
according  to  order,  had  under  consideration 
amendments  to  the  Constitution,  and  par- 
ticularly the  article  on  Elections  and  Qualifi- 
cations of  Voters,  Officers,  and  others,  hut 
had  come  to  no  resolution  thereon. 

Mr.  Owens,  Chairman  of  the  Committee 
on  Districting  the  State  into  Judicial  Circuits, 
presented  the  following  report,  which  was 
read  the^  first  and  second  time,  and,  on 
motion,  ordered  to  be  printed: 

AN    ORDINANCE    DEFINING    THE    NUMBER  OF 
JUDICIAL  CIRCUITS  OF  MISSOURI. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  in  Convention  assembled : 
The  number  of  judicial  circuits  in  the  State 
is  hereby  reduced  to  sixteen,  and  shall  be 
composed  as  follows,  until  otherwise  pro- 
vided : 

Section  1.  The  First  Judicial  Circuit — 
the  county  of  St.  Louis. 

Sec.  2.  The  Second  Judicial  Circuit — the 
counties  of  St.  Charles,  Lincoln,  Warren, 
Montgomery,  Callaway,  and  Audrain. 

Sec.  3.  The  Third 'Judicial  Circuit — the 
counties  of  Pike,  Ralls,  Monroe,  Boone, 
Howard,  and  Randolph. 

Sec.  4.  The  Fourth  Judicial  Circuit — the 
counties  of  Marion,  Macon,  Shelby,  Knox, 
Lewis,  Scotland,  and  Clark. 

Sec  5.  The  Fifth  Judicial  Circuit — the 
counties  of  Chariton,  Linn,  Sullivan,  Put- 
nam, Adair,  Schuyler,  Clinton,  Caldwell, 
and  Ray . 

Sec.  6.  The  Sixth  Judicial  Circuit — the 
counties  of  Livingston,  Grundy,  Mercer, 
Harrison,  Daviess,  DeKalb,  Gentry,  Worth, 
and  Carroll. 

Sec  .  7 .  The  Seventh  Judicial  Circuit — the 
counties  of  Buchanan,  Andrew,  Nodaway, 
Holt,  Atchison,  Platte,  and  Clay. 

Sec.  8.  The  Eighth  Judicial  Circuit— the 
counties  of  Cape  Girardeau,  Pemiscot, 
Dunklin,  Mississippi,  New  Madrid,  Scott, 
Perry,  and  Bollinger. 

Sec.  9.  The  Ninth  Judicial  Circuit — the 
counties  of  Iron,  Stoddard,  Wayne,  Madi- 
son, St.  Francois,  Butler,  Reynolds,  Carter, 
and  Ripley. 


FRIDAY,  March  24th,  1865. 

Sec.  10.  The  Tenth  Judicial  Circuit— the 
counties  of  Phelps,  Dent,  Shannon,  Texas, 
Oregon,  Howell,  Maries,  and  Crawford. 

Sec.  11.  The  Eleventh,  Judicial  Circuit— 
the  counties  of  Laclede,  Wright,  Pulaski, 
Camden,  Polk,  Douglas,  Dallas,  and 
Hickory . 

Sec/  12.  The  Twelfth  Judicial  Circuit- 
the  counties  ot  Greene,  Webster,  Stone, 
Christian,  Taney,  Barry.' Ozark,  and  Dade. 

Sec.  13.  The  Thirteenth  Judicial  Circuit 
— the  counties  of  Vernon,  Barton,  Jasper, 
Newton,  McDonald,  St.  Clair,  Cedar,  and 
Lawrence . 

Sec  14.  The  Fourteenth  Judicial  Circuit 
— the  counties  of  Jackson,  Lafayette,  John- 
son, Bates,  Cass,  Saline,  Henry,  and  Pettis. 

Sec.  15.  The  Fifteenth  Judicial  Circuit— 
the  counties  of  Cooper,  Moniteau,  Morgan, 
Benton,  Miller,  Cole,  and  Osage. 

Sec  16.  The  Sixteenth  Judicial  Circuit— 
the  counties  of  Gasconade,  Franklin,  Jeffer- 
son, Washington,  andSte.  Genevieve. 

Sec  .  17 .  The  several  circuit  judges  in  this 
State,  immediately  after  the  first  day  of 
May.  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-five,  shall  fix  the 
terms  of  the  several  circuit  courts  in  their 
respective  circuits,  and  cause  public  notice 
thereof  to  be  given  by  the  sheriffs  of  each 
county. 

Sec  .  18.  This  ordinance  shall  be  in  force 
from  and  after  its  adoption :  but  may  be  re- 
pealed, altered  or  amended,  at  any  time,  by 
the  General  Assembly . 

On  motion,  the  Convention  adjourned 
until  half -past  2  o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Drake  offered  the  following  resolu- 
tion, and  demanded  the  previous  question 
thereon,  which  was  sustained  b}*  the  Con- 
vention : 

Resolved,  That  in  Committee  of  the  Whole 
no  debate  on  the  motion  to  rise  and  report 
shall  be  in  order. 

On  this  resolution  Mr.  Drake  demanded 
the  ayes  and  noes,  and  the  vote  being  taken, 
stood  as  follows : 

Ayes  — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Davis  of  Nodaway.  Dod- 
son,  Drake,  Evans,  Fulkerson,  Gamble, 
Gilbert  of  Lawrence,  Hughes,  Hume,  Mc- 
Kernan,  McPherson,  Mack,  Morton,  New- 
gent,  Rankin,  Smith  of  Mercer,  Smith  of 


179 


Worth,   Sutton,   Swearingen,  Weatherby, 
and  Williams  of  Scotland — 26. 
Noes— Messrs.  Foster,  Gilbert  of  Platte, 
i  Green,  Rohrer,  and  Mr.  President — 5. 

Absent  with  Leave — Messrs.  Davis  of 
Mew  Madrid,  Hoklsworth,  Holland.  Hus- 
mann.  Leonard,  Martin,  Meyer,  and  Xix- 
dorf— 8. 

Absent  without  Leave — Messrs.  Adams, 
Bedford.  Bush,  Clover,  D'Oeneh.  Ellis,  Es- 
l  ther,  Filley,  Fletcher,  Folmsbee,  Gilstrap, 
Grammer,  Henderson,  Holcomb,  King,  Lin- 
ton. Owens,  St.  Gem,  Strong,  Switzler, 

■  Thilenius,  and  Williams  of  Caldwell — 22. 

Sick— Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

So  the  resolution  was  adopted. 

On  motion  of  Mr.  Drake,  the  Convention 
resolved  itself  into  a  Committee  of  the  Whole, 
'  to  resume  the  consideration  of  amendments 
to  the  Constitution.    After  some  time  spent 

■  therein,  the  President  resumed  the  chair, 
and  Mr.  Mack  reported  that  the  committee 
had.  according  to  order,  had  under  consid- 

j  eration  amendments  to  the  Constitution,  and 
particularly  the  article  on  Elections,  and 
Qualifications  of  Voters,  Officers  and  others, 
and  reported  the  same  back  to  the  Conven- 
tion, with  amendments  thereto. 

On  motion  of  Mi*.  Drake,  the  Convention 
took  up  the  article  on  Elections,  and  Quali- 
fications of  Voters,  Officers  and  others,  with 
the  amendments,  as  reported  back  from  the 
Committee  of  the  Whole. 

The  following  amendment  to  the  first  sec- 
tion, as  reported  back  by  the  Committee  of 
the  Whole,  was  read: 

Except  as  provided  in  section  twentieth  of 
this  article. 

Pending  which,  Mr.  Drake  offered  the 
following  amendment  to  the  amendment, 
which  was  read  and  agreed  to : 

Amend  the  amendment  by  striking  out  the 
word  "twenty,"  and  inserting  before  the 
word  1  'section"  the  words  1  -  the  twentieth. ' ' 

On  motion,  the  amendment,  as  amended, 
was  agreed  to. 

The  following  amendment,  as  reported 
back  by  the  Committee  of  the  Whole,  was 
disagreed  to : 

Amend  section  third,  line  fourth,  by 
inserting  after  the  word  1  'or,  "  where  it  first 
occurs  therein,  the  words  "after  the  thirty - 
first  day  of  July,  one  thousand  eight  hundred 
and  sixty-one. ' ' 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 


Amend  section  third,  ninth  line,  by  striking 
I  out  the  word  ' 4 open, ' '  and  by  striking  out 
of  the  same  line  the  word  "declared, ' '  and 
I  inserting  in  lieu  thereof  the  word  "mani- 
fested;" and  by  adding,  after  the  word 
"States.*'  the  words   "or  his  sympathy 
i  with  those  engaged  in  exciting  or  carrying 
|  on  rebellion  against  the  United  States. ' ' 

Mr.  Xewgext  offered  the  following  affi- 
i  davits,  relative  to.  and  sustaining,  his  past 
'  loyalty : 

I  State  of  Kaxsas,  V  ss 
j   County  of  Miami,  j 

John  Moudy,  on  oath,  says  that  he  is  a 
resident  of  Paola,  Miami  county,  Kansas; 
!  that  in  the  spring  of  A.  D.  1861,  he  lived  in 
;  Bates   county,    Missouri,    and   was  well 
|  acquainted  with  Andrew  G.  Newgentof  Cass 
county,  and  know  that  he  was  reputed  from 
|  the  first  as  a  Union  man ;  that  he  made  Union 
speeches  in  the  counties  of  Cass  and  Bates; 
and  that,  on  or  about  the  first  day  of  May. 
A.   D.  1861,   he  and  I  came  to  Kansas 
together,  after  night,  to  make  arrangements 
with  the  loyal  people  of  Kansas  for  "  protec- 
tion.   I  further  say  that  I  was  intimately 
acquainted  with  said  Newgent  from  the  fail 
of  A.  D.  1856,  until  he  entered  the  Union 
|  army,  and  never  knew  him  otherwise  than 
;  as  an  unswerving  Union  man,  and  cheerfully 
indorse  him  as  such.  Johx  Moudy. 

Sworn  to  and  subscribed  before  me,  this 
fourteenth  day  of  March,  A.  D.  1865. 

P.  W.  Massey,  X.  P. 

Paola,  Kaxsas,  March  14,  1865. 
I  willingly  state  that  on  the  last  of  May, 
1861,  I  returned  to  Cass  county,  Missouri, 
j  from  Kentucky.    I  found  A.  G.  Xewo-ent 
making  speeches  for  the  Lmion  cause.  The 
'first  ot  June,  I  was  mustered  major  of  a 
|  battalion  of  Federal  soldiers;  A.  G.  Newgent 
j  was  mustered  quartermaster,  and  served  as 
!  such  until  the  battalion  was  raised  to  a 
I  regiment,  when  he  was  appointed  colonel. 
He  (A.  G.  Xewgent)  has  been,  ever  since 
May   20th.    1861.    unswervingly    (to  my 
knowledge)  a  Union — yes,  a  radical — man, 
notwithstanding  the  Republican  states  to  the 
contrary .  A .  H .  De axe  . 

Sworn  to  and  subscribed  before  me,  this 
fourteenth  day  of  March.  A.  D.  1865. 

R.  W.  Massey,  N.  P. 

State  of  Missouri, 
Jackson  County.  J 

Before  the  undersigned  personally  ap- 
peared Elihu  F.  Rogers,  who,  being  by  me 
first  duly  sworn,  doth  depose  and  say  that  he 
is,  and  was  at  the  outbreak  of  the  rebellion, 
well  acquainted  with  Andrew  G.  Newgent; 
that  then,  as  now,  he  (Newgent)  was  an 
unconditional  Union  man;  that  he  made 
speeches  for  the  Union,  which  were  con- 
sidered by  secessionists,  at  that  time,  of  the 
rankest  kind ,  and  for  which  he  was  branded 


180 


by  them  as  an  abolitionist;  that,  to  the  cer- 
tain knowledge  of  this  deponent,  he  (New- 
gent)  spent  both  time  and  money  for  the 
maintenance  of  the  Federal  Union,"  by  mak- 
ing Union  speeches  in  various  parts  of  the 
country,  wherever  he  had  friends  sufficient 
to  protect  him  against  secession  mobs,  and 
in  purchasing  clothing  for  soldiers;  and 
that,  after  giving  aid  to  recruiting  for  the 
Cass  comity  regiment,  home  guards,  was 
mustered  into  the  service  of  the  United 
States ,  June  27 ,  1861 .         E .  F .  Rogers  . 

Subscribed  and  sworn  to  before  me,  this 
10th  day  of  March,  A.  D.  18G5,  at  Kansas 
City,  Missouri.  J.  H.  Smith, 

First  Lieut,  and  Ass't  Pro.  Mar. 
Fourth  Sub -List. ,  Central  Missouri. 

State  of  Missouri,  \ 
Jackson  County.  j 

Before  the  undersigned  personally  ap- 
peared Lewis  B.  Huff",  Ashbel  Smith  and 
William  P.  Deton,  and  all  of  Jackson 
county,  Mo.,  who  being  duly  sworn  depose 
and  say:  That  on  the  2Gth  of  April,  1861, 
they  were  severally  residents  of  Cass  county ; 
that  they  were  at  that  time  well  acquainted 
with  Andrew  G.  Newgent,  and  know  that 
he  was  at  that,  time  a  strong  Union  man, 
opposed  to  secession,  and  accused  and  per- 
secuted on  account  thereof;  that  they  well 
remember  the  passage  of  the  resolutions 
published  in  the  St.  Louis  Republican  of 
March  6th,  1865;  and  also  that  the  same 
has  of  late  been  brought  forward  hy  others 
with  the  intent  to  prejudice  him;  that  An- 
drew G.  Newgent  never  joined  in  said  meet- 
ing, or  sat  upon  said  committee  as  a  sympa- 
thizer or  advocate  of  secession ;  that  said  reso- 
lutions were  prepared  by  R.  O.  Boggess,  pre- 
vious to  said  meeting,  aiid  contained  in  addi- 
tion a  resolution  recommending  the  hanging 
of  Union  men  who  should  refuse  to  leave 
upon  notice,  which,  through  the  opposition 
of  A.  G.  Newgent  in  committee,  was  stricken 
out.  The  affiant.  William  P.  Deton  for  him- 
self deposes:  That  he  was  present  when 
.said  resolutions  came  before  the  meeting,  and 
then  and  there  listened  to  the  first  and  only 
man  whom  he  remembers  to  have  had  cour- 
age enough,  at  that  time,  to  speak  for  the 
Union,  and  that  man  was  A.  G.  Newgent; 
that  he  then,  speaking  upon  those  resolu- 
tions, denounced  secession  and  rebellion; 
that  this  affiant  remembers  distinctly  the 
following  sentiment  then  uttered,  to-wit: 
' k  That  if  this  State  seceded  our  homes  will 
become  stables  for  cavalry, ' '  etc. ;  drawing 
a  picture  of  the  middle'  States  in  such  an 
event;  that  a  few  days  after  Col.  A.  G. 
Newgent,  by  reason  of  his  Unionism,  was 
forced  to  flee  from  Harrisonville  for  his  life, 
and  that  after  he  had  gone  affiant  saw  two 
armed  rebels,  who  asked  him  if  he  had  heard 
what  Colonel  Newgent  had  said  at  the  Con- 
vention, in  favor  of  the  Union,  and  that  they 
were  in  search  of  him  to  give  him  his 
quietus.  Affiant  Lewis  B.  Huff  says  he  met 
Colonel  Newgent  when  he  was  fleeing  from 


Harrisonville,  and  said  to  him:  '  'Newgent, 
what  hand  have  you  had  in  this  meeting  in 
town?"  (£.  e.  Harrisonville.)  He  answered 
affiant  as  follows  (this  was  two  or  three  .days 
after  the  meeting) :  •  'I  have  clone  that  which 
has  saved  you  and  me,  and  the  rest  of  the 
Union  men  of  Harrisonville.  ? ' 

All  of  these  deponents  say  that  they  were 
afterward  engaged  in  removing  Colonel 
Newgent,' s  -family  from  Harrisonville,  where 
he  dare  not  go;  that  he  lied  to  Austin,  and 
thence  to  Crescent  Hill,  and  that  up  to  June 
27  he  spent  his  time  making  Union  speeches 
and  raising  the  Cass  county  regiment  of  Mis- 
ri  home  guards,  in  which  he  was  First  Lieu- 
tenant and  Quartermaster  from  the  27th  of 
June  to  the  1st  of  August,  when  he  received 
his  commission  as  colonel,  from  General 
Fremont.  Lewis  B.  Huff, 

Ashbel  Smith, 
Wm.  P.  Deton. 

Sworn  to  and  subscribed  before  me  this 
10th  day  of  March,  A.  D.  1865. 

J.  II.  Smith, 
First  Lieut .  and  Ass '  t  Pro .  Mar . 
4th  Sub-List. ,  Central  Mo.,  Kansas  City,  Mo-. 

State  of  Missouri,  \ 
County  of  St .  Louis .    f  SS' 

Be  it  remembered,  that  on  this  8th  day  of 
March,  1865,  before  the  undersigned,  Judge 
of  the  Ninth  circuit  of  Missouri,  personally 
came  William  A  Jack  and  Eiias  P.  West, 
who,  being  by  me  duly  sworn,  upon  their 
oaths  state:  That  at  a  meeting  held  at  the 
city  of  Harrisonville,  in  Cass  county,  on  the 
26th  day  of  April,  1861,  the  proceedings  of 
which  were  republished  in  the  Missouri  Re- 
publican, of  the  5th  of  March,  1865,  Andrew 
G.  Newgent  and  these  affiants  were  ap- 
pointed, "with  others,  a  committee  to  draft 
resolutions;  that  the  resolutions  recom- 
mended by  said  committee,  and  adopted  by 
the  meeting,  were  opposed  in  committee  by 
the  said  Newgent  and  these  affiants,  and  were 
not  supported  in  the  meeting  by  affiants, 
nor,  as  they  believe,  by  said  Newgent;  that 
said  West,'  being  named  chairman  of  the 
committee,  called  another  to  the  chair,  and 
came  down  and  offered  resolutions  different 
from  those  adopted,  the  effect  of  which  was 
to  invite  back  and  extend  protection  to  Lin- 
coln men  who  had  left  the  county  on  account 
of  the  excitement  of  the  day,  which  latter 
resolutions  were  supported  by  said  Newgent 
and  these  affiants  in  the  committee,  but  were 
voted  down  and  others  adopted,  against  the 
consent  of  said  Newgent  and  these  affiants; 
that  the  public  call  for  said  meeting  invited 
persons  of  all  political  parties  to  participate 
in  the  same,  and  its  object,  as  affiants,  and 
as  the.y  believe  said  Newgent  understood, 
was  to' invite  back  and  extend  protection  to 
citizens  who  had  left  that  county  on  account 
of  their  political  opinions;  that, 'in  a  few  days 
after  said  meeting,  said  Newgent  went  to 
work  energetically,  raising  troops  for  the 
United  States  service,  in  what  was  called  the 
home  guards ;  and  that  affiants  have  not  now, 


181 


nor  have  they  ever  had.  any  doubt  of  the 
unconditional  loyalty  of  said  Newgerit,  and 
that  he  was  and  is  generally  so  reputed  in 
his  county  and  where  known.  We  have 
known  Colonel  Xewgent  for  ten  or  fifteen 
years:  Colonel  Xewgent  was  recognized  hy 
both  loyal  and  disloyal  men  as  aii~ uncondi- 
tional Union  man  in  the  spring  of  1861. 

William  A.  Jack, 
Elias  P.  West. 

Sworn  to  and  subscribed  before  me,  this 
8th  day  of  March,  1S65. 

James  W.  Owens, 
Judge  of  the  Ninth  Circuit  oj  Missouri. 

The  following  amendment,  reported  back 
by  the  Committee  of  the  AVhole.  was  read: 

Amend  section  third,  in  lines  fourteen, 
fifteen,  sixteen  and  seventeen  by  striking  out 
the  words  "having  for  its  object  to  aid  or 
encourage  rebellion  against  the  United  States, 
or  to  promote  the  dissolution  of  the  union 
thereof:  or  to  oppose,  by  any  unlawful  means, 
the  laws  or  authority  thereof,  or  the  laws, 
ordinances,  or  authority  of  this  State. ' "  and 
inserting  in  lieu  thereof  the  words  "inimical 
to  the  Government  of  the  United  States,  or  to 
the  Government  of  this  State,  existing  after 
the  31st  day  of  July,  one  thousand"  eight 
hundred  and  sixty-one. 5  ? 

Pending  which,  Mr.  Drake  ottered  the 
following  amendment  to  the  amendment, 
which  was  adopted: 

Amend  the  amendment  by  striking  out  the 
words  • -existing  after  the  thirty-first  day  of 
July,  one  thousand  eight  hundred  and  sixty- 
one.  ' 5 

On  motion,  the  amendment,  as  amended, 
was  agreed  to . 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 

Amend  section  third,  by  inserting  after  the 
word  •  -  knowingly, '  *  in  the  nineteenth  line, 
the  words  "and  willingly. ' ' 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 

Amend  the  nineteenth  line  by  inserting, 
after  the  word  "ever,*"  the  words  "come 
into  or. ' ?  so  that  the  clause  may  read : 
"or  has  ever  come  into  or  left  this  State,  lor 
the  purpose  of  avoiding.  * ' 

The  following  amendment,  reported  back 
by  the  Committee  of  the  V\ mole,  was 
agreed  to: 

*  Amend  section  third,  by  striking  out,  in 
lines  twenty-one  and  "twenty-two.  the 
words  "in  order  to  escape  the  performance 
of  duty  in  the  militia  of  this  State,  enrolled 
himself,  or  caused  himself  to  be  enrolled,  as 
a  disloyal  Southern  sympathizer. '  *  and 
inserting  in  lieu  thereof  the  following :  '  -with 


:  a  view  to  avoid  enrollment  in  the  militia  of 
!  this  State,  or  to  escape  the  performance  of 
1  duty  therein,   or  for  any  other  purpose, 
enrolled  himself,  or  authorized  himself  to  be 
enrolled,  by  or  before  any  officer,  as  disloyal, 
or  as  a  Southern  sympathizer,  or  in  any 
other  terms  indicating  his  disaffection  to  the 
j  Government  of  the  "United  States,   in  its 
!  contest  with  rebellion,  or  his  sympathy  with 
those  engaged  in  such  rebellion. 5 ' 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 

Amend  section  third,  twenty-third  line, 
by  inserting,  after  the  word  *  'States.  * '  *  'or 
\  in  any  of  their  territories. 5 ' 

The  following  amendment,  reported  back 
by  the    Committee    of    the   Whole,  was 
'  agreed  to : 

Amend  section  third .  by  inserting  after  the 
word  "States.""  in  the  twenty-fourth  line, 
;  the  words  ' 1  or  under  the  United  States . 5 ' 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 

Amend  section  third,  twenty-fourth  line, 
by  inserting,  after  the  words  "United 
States. ' "  "or  in  any  of  their  territories. ' ' 

The  following  amendment,  reported  buck 
by  the  Committee    of  the    Whole,  was 
;  agreed  to : 

Amend  section  third,  thirtieth  line,  by 
:  striking  out  the  words  "incorporated  by  or 
I  under  any  law  of  this  State. 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was  read: 

Amend  section  third,  thirty-first  line,  by 
striking  out  all  after  the  word  "school. 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 

Amend  section  third,  thirtieth  line,  by 
striking  out  the  words  1  'of  teaching. 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 

Amend  section  third,  thirty-first  line,  by 
inserting,  after  the  word  "school."  the  words 
"or  of"  holding  any  real  estate,  or  other 
!  property,  in  trust,  for  the  use  of  any  church, 
\  religious  society,  or  congregation. 

The  following  amendment,  reported  back 
;  by  the  Committee  of  the  Whole,  was 
;  agreed  to : 

Amend  section  fifth  by  adding  thereto  the 
following- :  The  registering  officer,  or  officers. 
I  shall  keep  a  register  of  the  names  of  persons 


182 


registered  as  voters,  and  the  same  shall  be 
certified  to  the  judges  of  elections;  and  they 
shall  receive  the  ballot  of  any  such  rejected 
voter,  offering*  to  vote,  marking  the  same, 
and  certifying  the  vote  thereby  given  as  re- 
jected; but  no  such  vote  shall 'be  received 
unless  the  party  offering  it  take,  at  the  time, 
the  oath  of  loyalty  hereinafter  prescribed . 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was  read: 

Amend  section  sixth,  in  tenth,  eleventh 
and  twelfth  lines,  by  striking  out  the  words 
'  'that  I  will  always  discountenance  and  op- 
pose all  combinations,  plans,  and  efforts, 
having  for  their  object  the  dissolution  of  said 
Union  or  the  overthrow  of  said  Government; 
that  I  will  always,  in  word  and  deed,  demean 
mvself  as  a  loyal  and  faithful  citizen  of  the 
United  States." 

Which  was  disagreed  to . 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to : 

Amend  section  sixth,  by  striking  out  the 
word  ''always,"  in  the  sixth  and  eighth 
lines. 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to : 

Amend  section  seven,  by  striking  out,  in 
line  one,  the  word  ''fifteen,"  and  insert 
''sixteen"  in  lieu  thereof;  and  strike  out,  in 
same  line  one,  all  after  the  word  "Con- 
stitution," up  to  the  words  '  'every  person, ' ' 
inline  fourth;  also,  the  word  ''other,"  in 
line  fifth;  also,  the  word  '"likewise,"  in 
line  seventh;  and  in  lieu  of  the  word  "same," 
in  said  line  seventh,  place  the  words  "said 
oath." 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 


Amend  section  ninth,  by  striking  out  of  the 
third  line  the  words  "two  months,"  and 
inserting  in  lieu  thereof  the  words  -'sixty 
days. ' ' 

The  following  amendment,  reported  back 
by  the  Committee  of  the  Whole,  was 
agreed  to: 

Amend  section  twentieth,  by  striking  out 
the  words  "the  General  Assembly  shall 
provide,  by  law,  for  the  taking  of  the  votes 
of  all  such  persons,  wherever  they  may  be, 
on  the  day  fixed  for  such  election,  or  at  any 
time  within  twenty  days  next  prior  thereto, 
and  for  the  due  return  and  counting  of  such 
votes, ' '  and  insert  in  lieu  thereof  the  words: 
"The  votes  of  all  such  persons,  wherever 
they  may  be  taken,  on  the  day  fixed  by  law 
for  such  election,  or  on  any  day  or  clays 
within  twenty  days  next  prior  thereto;  and 
the  General  Assembly  shall  provide  by  law 
for  the  taking,  return  and  counting  of  such 
votes. ' ' 

Mr.  Owens  offered  the  following  amend- 
ment : 

Strike  out  all  after  the  word  "votes,"  in 
the  seventh  line,  section  twentieth. 

Mr.  Bare  offered  the  following  as  a 
substitute  for  the  amendment  of  Mr.  Owens: 

Add  to  section  twentieth,  "except  those 
who  have  served  two  years  in  -the  regular 
volunteer  service  of  the'United  States  army, 
and  those  who  have  been  honorably  dis- 
charged after  such  term  of  service. '  1 

On  motion  of  Mr.  Holcomb,  leave  of 
absence  was  extended  to  Mr.  Meyer  until 
Tuesday  next. 

On  motion  of  Mr.  Davis  of  Nodaway,  the 
Convention  adjourned  until  9  o'clock  to- 
morrow morning. 


SIXTY-FIFTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Green  offered  the  following  ordinance, 
which  was  read  the  first  time : 

AN  ORDINANCE  SUPPLEMENTARY  TO  AN  ORDI- 
NANCE VACATING  CERTAIN  CIVIL  OfFICES, 
ETC  ,  IN  THE  STATE  OP  MISSOURI. 

Be  it  ordained,  by  the  people  of  the  State  of 
Missouri,  in  Convention  assembled,  as  follows  : 

Section  1 .  The  Governor  of  the  State  is 
hereby  empowered  to  remove  from  office,  as 


SATURDAY,  March  25th,  1865. 

he  may  deem  the  welfare  of  the  State  to  re- 
quire it,  any  officer,  or  manager  (by  whatso- 
ever name  designated.)  of  any  public  institu- 
tion under  the  exclusive  control  of  the  State, 
who  shall  have  been  appointed  during  the 
preceding  ad  ministration,  and  whose  term  of 
office  does  not  expire  before  the  first  day  of 
May,  1865. 

Sec.  2.  The  Governor  of  the  State  is  also 
empowered  to  immediately  refill  any  vacan- 
cies he  may  create  under  the  provisions  of 
this  ordinance,  by  suitable  appointments, 
which  shall  be  subject  to  confirmation  or 


183 


rejection  by  the  State  Senate,  on  the  next 
assembling  oi  the  State  Legislature. 

Sec.  3.  All  reappointed  officers  and 
managers  shall,  previous  to  entering  upon 
the  duties  of  office,  take  the  oath  prescribed 
in  section  two  of  the  ordinance  defining  the 
qualifications  of  voters  and  civil  officers  in 
the  State  of  Missouri,  adopted  June  10, 
1802,  and  required  in  the  ordinance  vacating 
certain  civil  offices,  etc.,  in  the  State  of  Mis- 
souri, adopted  March  — ,  1865. 

Mr.  Bonham  demanded  the  previous  ques- 
tion; which  was  sustained  by  the  Conven- 
tion. 

The  question  then  being  on  the  rejec- 
tion of  the  ordinance  offered  by  Mr.  Green, 

I  Mr.  Owens  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  as 

I  as  follows : 

Ayes  —  Messrs.  Adams,  Barr,  Bedford, 
Bonham,  Bndd,  Bunce,  Childress,  Davis  of 
Nodawav,  Dodson,  Drake,  Falkerson.  Gam- 
ble, Gilbert  of  Lawrence,  Gilbert  of  Platte. 
Henderson.  Hume,  King,  McKernan,  Mc- 

'  Pherson,  Mack,  Morton,  Newgent,  Owens, 

j  Rankin.  Smith  of  Mercer,  Sutton.  Swearin- 

j  gen,  Williams  of  Caldwell,  and  Williams  of 

!  Scotland— 29. 

Noes— Messrs.  Bush,  Ellis,  Evans.  Filley, 
Fletcher,  Folmsbee,  Foster,  Green,  Holcomb, 
Hughes,  Linton,  St.  Gem,  Smith  of  Worth, 
Thilenius,  Weatherby,  and  Mr.  President 

!— 16. 

Absent  with  Leave— Messrs.  Davis  of 
i  New  Madrid.  Holdsworth.  Holland.  Hus- 
mann,  Leonard,  Martin,  Mever,  and  Xix- 
dorf— 8. 

Absent  without  Leave — Messrs.  Clover, 
D'Oench,  Esther,  Gilstrap.  Grammer, 
.  Rohrer,  Strong,  and  Switzler— S. 

Sick  — Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

So  the  ordinance  was  rejected. 

Mr.  Drake  offered  the  following  new 

proposition  as  a  Declaration  of  Rights, 

i  which  was  read  the  first  time: 

ARTICLE  — . 

Declaration  of  Rights. 

_  That  the  general,  great  and  essential  prin- 
ciples of  liberty  and  free  o-overnment  may  be 
recognized  and  established,  ami  that  the 
relation  of  this  State  to  the  Union  and  Gov- 
ernment of  the  United  States,  and  those  of 
the  people  of  this  State  to  the  rest  of  the 
■  American  people,  may  be  defined  and 
affirmed,  we  do  declare— 

1.  That  we  hold  it  to  be  self-evident  that 
all  men  are  endowed  by  their  Creator  with 

i  certain  inalienable  rights,  among  which  are 
life,  liberty,  the  enjoyment  of  the  fruits  of 
their  own  labor,  and  "the  pursuit  of  happi- 
ness : 

2.  That  there  can  not  be,  in  this  State, 
either  slavery  or  involuntary  servitude,  ex- 


cept in  punishment  of  crime,  whereof  the 
party  shall  have  been  duly  convicted: 

3.  That  no  person  can.  on  account  of 
color,  be  disqualified  as  a  witness;  or  be  dis- 
abled to  contract,  otherwise  than  as  others 
are  disabled;  or  be  prevented  from  acquir- 
ing, holding,  and  transmitting  property;  or 
be  liable  to  any  other  punishment,  for  any 
offense,  than  that  imposed  upon  others  for  a 
like  offense;  or  be  restricted  in  the  exercise 
of  religious  worship;  or  be  hindered  in 
acquiring  education:  or  be  subjected,  in 
law,  to  any  other  restraints  and  disqualifi- 
cations, in  regard  to  any  personal  rights, 
than  such  as  are  laid  upon  others  under  like 
circumstances : 

4.  That  all  political  power  is  vested  in  and 
derived  from  the  people;  that  all  govern- 
ment of  right  originates  from  the  people,  is 
founded  upon  their  will  only,  and  is  insti- 
tuted solely  for  the  good  of  the  whole: 

5.  That  the  people  of  this  State  have  the 
inherent,  sole  and  exclusive  right  of  regu- 
lating the  internal  government  and  police 
thereof,  and  of  altering  and  abolishing  their 
Constitution  and  form  of  government  ."when- 
ever it  may  be  necessary  to  their  safety  and 
happiness:'  but  every  such  right  should  be 
exercised  in  pursuance  of  law',  and  consist- 
ently with  the  Constitution  of  the  United 
States: 

6 .  That  this  State  shall  ever  remain  a  mem- 
ber of  the  American  Union ;  that  the  people 
thereof  are  a  part  of  the  American  nation; 
and  that  all  attempts,  from  whatever  source 
or  upon  whatever  pretext,  to  dissolve  said 
Union,  or  to  sever  said  nation,  ought  to  be 
resisted  with  the  whole  power  of  the  State: 

7.  That  every  citizen  of  this  State  owes 
paramount  allegiance  to  the  Constitution 
and  Government  of  the  United  States,  and 
that  no  law  or  ordinance  of  this  State,  in 
contravention  or  subversion  thereof,  can 
have  any  binding  force: 

8.  That  the  people  have  the  right  peace- 
ably to  assemble  tor  their  common  good, 
and  to  apply  to  those  vested  with  the  powers 
of  government  for  redress  of  grievances,  by 
petition  or  remonstrance;  and  that  their 
right  to  bear  arms  in  defense  of  themselves, 
and  of  the  lawful  authority  of  the  State,  can 
not  be  questioned : 

9.  That  all  men  have  a  natural  and  inde- 
feasible right  to  worship  Almighty  God  ac- 
cording to  the  dictates  of  their  own  con- 
sciences; that  no  person  can,  on  account  of 
his  religions  opinions,  be  rendered  ineligible 
to  any  office  of  trust  or  profit  under  this  State, 
nor  be  disqualified  from  testifying,  or  from 
serving  as  a  juror:  that  no  human  authority 
can  control  'or  interfere  with  the  rights  of 
conscience:  and  that  no  person  ought,  by 
any  law,  to  be  molested  in  his  person  or 
estate,  on  account  of  his  religious  persuasion 
or  profession;  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  so  construed  as 
to  excuse  acts  of  licentiousness,  or  to  justify 
practices  inconsistent  with  the  good  order, 
peace,  or  safety  of  the  State,  or  with  the 
rights  of  others : 


184 


10.  That  no  person  can  be  compelled  to 
erect,  support,  or  attend  any  place  of  wor- 
ship, or  to  maintain  any  minister  of  the 
gospel  or  teacher  of  religion ;  but  whatever 
contracts  any  person  may  enter  into  for  any 
such  object  ought,  in  law,  to  be  binding  and 
capable  of  enforcement,  as  other  contracts: 

11.  That  no  preference  can  ever  be  given, 
by  law,  to  any  church,  sect,  or  mode  of  wor- 
ship : 

12.  That  no  religious  corporation  can  be 
established  in  this  State,  except  that,  by  a 
general  law,  uniform  throughout  the  State, 
any  church,  or  religious  society  or  congre- 
gation ,  may  become  a  body  corporate,  for  the 
sole  purpose  of  acquiring,  holding,  using, 
and  disposing  of  so  much  land  as  m&y  be 
required  tor  "a  house  of  public  worship,  a 
chapel,  a  parsonage,  and  a  burial  ground, 
and  managing  the  same,  and  contracting  in 
relation  to  such  land,  and  the  buildings 
thereon,  through  a  board  of  trustees  selected 
by  themselves;  but  the  quantity  of  land  to 
be  held  by  any  such  body  corporate,  in  con- 
nection with  a  house  of  worship  or  a  par- 
sonage, shall  not  exceed  live  acres  in  the 
country,  or  one  acre  in  a  town  or  city: 

13.  That  every  gift,  sale,  or  devise  of  land 
to  any  minister,  public  teacher,  or  preacher 
of  the  gospel,  as  such,  or  to  any  religious 
sect,  order,  or  denomination,  or  to  or  for  the 
support,  use,  or  benefit  of,  or  in  trust  for, 
any  minister,  public  teacher,  or  preacher  of 
the  gospel,  as  such,  or  any  religious  sect, 
order,  or  denomination 5  and  every  gift  or 
sale  of  goods  or  chattels  to  go  in  succession, 
or  to  take  place  after  the  death  of  the  seller 
or  donor,  to  or  tor  such  support,  use,  or 
benefit;  and,  also,  every  devise  of  goods  or 
chattels,  to  or  for  the  support,  use.  or 
benefit  of  any  minister,  public  teacher,  or 
preacher  of  the  gospel,  as  such,  or  any  reli- 
gious sect,  order,  or  denomination,  shall  be 
void,  except,  always,  any  gift,  sale,  or  devise 
of  land  to  a  church,  religious  society,  or 
congregation,  or  to  any  person  or  persons  in 
trust  for  the  use  of  a  church,  religious  society, 
or  congregation,  whether  incorporated  or 
not,  for  the  uses  and  purposes,  and  within 
the  limitations  of  the  next  preceding  clause 
of  this  article : 

14.  That  all  elections  ought  to  be  tree  and 
open: 

15.  That  courts  of  justice  ought  to  be  open 
to  every  person ,  and  certain  remedy  afforded 
for  every  injury  to  person,  property,  or 
character;  arid  that  right  and  justice  ought 
to  be  administered  without  sale,  denial,  or 
delay : 

16.  That  no  private  property  ought  to  be 
taken  or  applied  to  public  use",  without  just 
compensation : 

17.  That  the  right  of  trial  by  jury  shall 
remain  inviolate : 

18.  That  in  all  criminal  prosecutions  the 
accused  has  the  right  to  be  heard  by  himself 
and  his  counsel;  to  demand  the  nature  and 
cause  of  accusation ;  to  have  compulsory  pro- 
cess for  witnesses  in  his  favor;  to  meet  the 
witnesses  against  him  face  to  face;  and,  in 


prosecutions  on  presentment  or  indictment, 
to  a  speedy  trial  by  an  impartial  jury  of  the 
vicinage;  that  the  accused  can  not  be  com- 
pelled to  give  evidence  against  himself,  nor 
be  deprived  of  life,  liberty,  or  property,  but 
by  the  judgment  of  his  peers  or  the  law  of 
the  land: 

19.  That  no  person,  after  having  been  once 
acquitted  by  a  jury,  can,  for  the  same  offense, 
be  again  put  in  Jeopardy  of  life  or  liberty; 
but  if,  in  any  criminal  prosecution,  the  jury- 
be  divided  in  opinion,  the  court  before  which 
the  trial  shall  be  had  may,  in  its  discretion, 
discharge  the  jury,  and 'commit  or  bail  the 
accused  for  trial  at  the  next  term  of  said 
court : 

20.  That  all  persons  shall  be  bailable  by 
sufficient  sureties,  except  for  capital  offenses, 
when  the  proof  is  evident  or  the  presumption 
great: 

21.  That  excessive  bail  shall  not  be  re- 
quired, nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted: 

22.  That  the  privilege  of  the  writ  of 
habeas  coiyas  can  not  be  suspended,  unless 
when,  in  cases  of  rebellion  or  invasion,  the 
public  safety  may  requre  it: 

23.  That  the  people  ought  to  be  secure  in 
their  persons,  papers,  houses,  and  effects 
from  unreasonable  searches  and  seizures; 
and  no  warrant  to  search  any  place,  or  seize 
any  person  or  thing,  can  issue,  without 
describing  the  plac6  to  be  searched,  or  the 
person  or  thing  to  be  seized,  as  nearly  as 
may  be,  nor  without  probable  cause,  sup- 
ported by  oath  or  affirmation  : 

24.  That  no  person  can,  for  an  indictable 
offense,  be  proceeded  against  criminally  by 
information,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia,  when 
in  actual  service  in  the  time  of  war  or  public 
danger,  or,  by  leave  of  court,  for  oppression 
or  misdemeanor  in  office : 

25.  That  treason  against  the  State  can 
consist  only  in  levying  war  against  it,  or  in 
adhering  to  its  enemies,  giving  them  aid  and 
comfort! 

26.  That  no  person  can  be  attainted  of 
treason  or  felony  by  the  General  Assembly ; 
that  no  conviction'  can  work  corruption  of 
blood;  that  there  can  be  no  forfeiture  of  estate 
for  any  crime,  except  treason ,  and  that  the 
estates  of  such  persons  as  may  destroy  their 
own  lives  shall  descend  or  vest,  as  in  cases  of 
natural  death : 

27 .  That  the  free  communication  of  thoughts 
and  opinions  is  one  of  the  most  invaluable 
rights  of  man,  and  that  every  person  may 
freely  speak,  write,  and  print  on  any  subject, 
being  responsible  for  the  abuse  of  that 
liberty;  that  in  all  prosecutions  for  libel,  the 
truth  thereof  may  be  given  in  evidence,  and 
the  jury  may  determine  the  law  and  facts, 
under  the  direction  of  the  court : 

28.  That  no  ex  post  facto  law,  nor  law 
impairing  the  obligation  of  contracts,  or 
retrospective  in  its  operation ,  can  be  passed : 

29.  That  imprisonment  for  debt  can  not 
exist  in  this  State ,  except  for  fines  or  penalties 
imposed  for  violation  of  law: 


185 


30.  That  all  property  subject  to  taxation  j 
ought  to  be  taxed  in  proportion  to  its  value:  \ 
■  ft.  That  no  title  of  nobility,  or  hereditary  j 
emolument,  privilege,  or  distinction,  can  be  j 
granted : 

32.  That  the  military  is,  and  in  all  cases  j 
and  at  all  times  ought  to  be.  in  strict  subor- 
<imation  to  the  civil  power:  that  no  soldier  j 
ban,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner:  nor,  | 
jin  time  of  war,  but  in  such  manner  as  may  j 
<be  prescribed  by  law;  nor  can  any  appropria-  j 
ition  for  the  support  of  an  army  be  made  for  j 
a  longer  period  than  two  years, 
f  Mr.   Owexs  moved  to  reject  the  new 
proposition  offered  by  Mi*.  Drake:  on  which 
Mr.  Boxham  demanded  the  ayes  and  noes, 
land  the  vote  being  taken,  stood  as  follows: 
:   Ayes — Messrs.  Adams.   Bedford.  Bush. 
iDodson.  Fletcher.  Gamble.  Gilbert  of  Platte, 
(Green.  Linton.  Morton.  Owens,  St.  Gem, 
(Smith  of  Worth,  Switzler.  and  Mr.  President 

Xoes— Messrs;  Barr.  Bonham.  Childress, 
Davis  of  Xodaway,  Drake.  Ellis.  Evans. 
Filley,  Folmsbee/Foster,  Fulkerson.  Gilbert 
of  Lawrence.  Henderson.  Holcomb,  Hughes, 
Hume,  King.  McKernan.  McPherson.  Mack, 

jXewgeut.  Kankin,  Smith  of  Mercer.  Sutton. 
Swearing-en,  Thilenius,  Weatherby, Williams 
of  Caldwell,  and  Williams  of  Scotland— 29. 

Absent  with  Leave — Messrs.  Davis  of 
Xew  Madrid.  Iloldsworth.  Holland.  Htis- 

pnann,  Leonard.  Martin.  Mever.  and  Xix- 

:dorf-8. 

|  Absent  without  Leave— Messrs.  Budd, 
Bunce.  Clover.  Esther.  Gilstrap,  Grammer, 
jEohrer,  and  Strong — S. 

Sick — Messrs.  Cowden,  Mitchell,  and! 
Feck— 3. 

;    Excused— Mr.  D'Oench — 1. 

So  the  proposition  was  not  rejected. 
!    The  proposition,  as  offered  by  Mr.  Drake, 
was  laid  over,  under  the  rule,  for  its  second 
ireading. 

On  motion  of  Mr.  Drake,  the  pending 
amendment,  offered  by  Mr.  Owens,  and  sub- 
jstitute  therefor,  to  section  twenty  of  the 
article  on  Elections  and  Qualifications  of 
Voters,  Officers  and  others,  was  taken  up,  viz : 

Strike  out  all  after  the  word  ' '  vote, "  in 
the  seventh  line,  twentieth  section. 

For  which  the  following  substitute  had  | 
been  offered  by  Mr.  Barr: 

Add  to  section  twenty,  "except  those 
who  have  served  two  years  in  the  regular 
j  volunteer  service  of  the  United  States  army. 
,  aud  those  who  have  been  honorably  dis- 
i  charged  after  such  term  of  service. 5 ' 

Mr.  Baku  temporarily -withdrew  his  sub- 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Owens,  Mr.  Owexs 


demanded  the  ayes  and  noes  thereon,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes  — Messrs.  Bedford.  Bush.  Clover. 
Fletcher,  Gilbert  of  Platte.  Green.  Linton, 
Morton.  Owens.  Eohrer.  St.  Gem.  and 
Switzler— 12. 

Noes— Messrs.  Adams.  Barr.  Bonham, 
Bunce.  Childress.  Davis  of  Xodaway.  Dod- 
son,  Drake,  Ellis.  Evans.  Folnisbee,  Foster, 
Fulkerson,  Gamble.  Gilbert  of  Lawrence, 
Henderson.  Holcomb.  Hughes.  Hume.  Mc- 
Kernan. McPherson.  Mack".  Xewgent.  Ran- 
kin, Smith  of  Mercer.  Smith  of  Worth. 
Swearingen.  Thilenras,  Weatherby,  Wil- 
liams of  Caldwell ,  Williams  of  Scotland,  and 
Mr.  President— 32. 

Absent  with  Leave — Messrs.  Davis  of 
Xew  Madrid.  Holdsworth.  Holland,  Hus- 
man,  Leonard.  Martin.  Mever.  and  Xixdorf 
—8. 

Absent  without  Leave — Messrs.  Budd. 
D'Oench,  Esther.  Filley.  Gilstrap.  Gram- 
mer, King.  Strong,  and  Sutton — 9. 

Sick  — Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

So  the  amendment  was  rejected. 
Mr.    Fletcher    offered    the  following 
resolution : 

Resolved.  That  at  5  o'clock  r.  vr..  on  Fri- 
day, the  31st  of  March,  1865.  this  Convention 
will  adjourn  sine  die. 

Mr.  Drake  moved  to  lay  the  resolution  on 
the  table,  and  demanded  the  ayes  and  noes 
thereon:  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Adams.  Barr,  Bonham, 
Bunce.  Childress.  Clover,  Davis  of  Nodaway, 
Dodson,  Drake.  Ellis.  Evans.  Folmsbee, 
Fulkerson,  Gamble.  Gilbert  of  Lawrence, 
Henderson,  Holcomb.  Hume.  McKernan, 
McPherson.  Mack.  Xewgent.  Kankin,  Smith 
of  Mercer,  Swearingen,  Williams  of  Cald- 
well. Williams  of  Scotland,  and  Mr.  Presi- 
dent—28. 

Xoes— Messrs.  Bedford,  Bush.  Fletcher, 
Foster,  Gilbert  of  Platte.  Green.  Hughes, 
Linton.  Morton,  Owens.  Eohrer.  St.  &emi 
Smith  of  Worth,  and  Thilenius— 14. 

Absent  with  Leaye — Messrs.  Davis  of 
Xew  Madrid.  Holdsworth.  Holland.  Hus- 
mann.  Leonard,  Martin.  Meyer,  and  Xix- 
dorf—8. 

Absent  without  Leave — Messrs.  Budd, 
D'Oench.  Esther.  Filley.  Gilstrap.  Gram- 
mer. King.  Strong,  Sutton,  Switzler.  and 
Weatherby— 11. 

Sick — Messrs.  Cowden.  Mitchell,  and  Peck 
—3. 

So  the  amendment  was  laid  on  the  table. 

Mr.  PiOhrer  moved  to  adjourn  until  Mon- 
day morning  next  at  9  o'clock. 

On  this  motion  Mr.  Drake  demanded  the 
ayes  aud  noes,  and  the  vote  being  taken, 
stood  as  follows: 


186 


Ayes  —  Messrs.  Adams,  Bedford,  Bush, 
Fletcher,  Gilbert  of  Platte,  Rohrer,  and  St. 
Gem— 7. 

Noes  —  Messrs.  Barr,  Boohain,  Bimce, 
Childress,  Clover,  Davis  of  Nodaway,  Dod- 
son,  Drake,  Ellis,  Evans,  Foster,  Fulker- 
son,  Gamble,  Gilbert  of  Lawrence,  Green, 
Henderson,  Holcomb,  Hughes,  Hume,  Lin- 
ton, McKernan,  McPherson,  Mack,  Morton. 
Newgent,  Rankin,  Smith  of  Mercer,  Smith 
of  Worth,  Swearing-en,  Thilenius,  Williams 
of  Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 33. 

Absent  with  Leave — Messrs.  Davis  of 
New  Madrid,  Holdsworth,  Holland,  Hus- 
mann,  Leonard,  Martin,  Meyer,  and  Nix- 
dorf— 8. 

Absent  without  Leave — Messrs.  Budd, 
D'Oench,  Esther.  Filley,  Folmsbee,  Gil- 
strap,  Grammer,  King,  Owens,  Strong,  Sut- 
ton, Switzler,  and  Weatherby— 13. 

Sick — Messrs.  Cowden,  Mitchell,  and  Peck 
—3. 

So  the  Convention  refused  to  adjourn  until 
Monday. 

On  motion  of  Mr.  Foster,  the  Convention 
adjourned  until  half-past  2  o'clock  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Djrake  introduced  the  following  ar- 
ticle : 

ARTICLE   — . 
Distribution  of  Powers. 

The  power  of  o;overnment  shall  be  divided 
into  three  distinct  departments,  each  of 
which  shall  be  confided  to  a  separate  magis- 
tracy ;  and  no  person  charged  with  the  exer- 
cise of  powers  properly  belonging  to  one  of 
those  departments  shall  exercise  any  power 
properly  belonging  to  either  of  the  others, 
except  in  the  instances  hereinafter  expressly 
directed  or  permitted. 

Which  was  read  a  first  and  second  time. 

On  motion  of  Mr.  Drake,  the  rules  were 
suspended,  the  article  was  considered  as  en- 
grossed, read  the  third  time,  and  put  upon 
its  final  passage,  and  was  adopted  and 
referred  to  the  Revising  Committee. 

Mr.  Drake  offered  the  following  resolution, 
which  was  adopted : 

Resolved.  That  the  articles  of  the  Constitu- 
tion framed  by  this  body,  and  named  in  this 
resolution,  shall,  in  the  enrolled  Constitution, 
he  arranged  in  the  following  order,  and  be 
numbered  accordingly:  1."  Declaration  of 
Rights.  2.  Right  of  Suffrage.  3.  Distri- 
bution of  Powers.  4.  Legislative  Depart- 
ment. 5.  Executive  Department.  6.  Judi- 
icial  Department.  7.  Impeachments.  8. 
Banks  and  Corporations. 


On  motion  of  Mr.  Drake,  the  article  on  : 
Elections,    and   Qualifications   of  Voters, 
Officers ,  and  others ,  was  taken  up . 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  twenty-fourth,  line  elev- 
enth, by  striking  out  the  word  "thereof," 
where  it  first  occurs  therein,  and  inserting  in 
lieu  thereof  the  word  4  'domestic. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  sixth,  line  sixth,  by  striking 
out  the  word  ' '  unqualified. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted : 

Fill  the  first  blank  in  section  twenty-four 
with  the  word  ''first;"  the  second  blank 
with  the  word  ' '  January; ' '  the  third  blank 
with  the  words  ''seventy-one;"  the  fourth 
blank  with  the  word  "first;"  the  fifth 
blank  with  the  word  "January,"  and  the 
sixth  blank  Avith  the  words  ' '  seventy-five. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Fill  the  blank  in  section  sixth  with  the 
word  4 '  second . ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted : 

Amend  the  title  by  striking  out  the  same, 
and  insert  in  lieu  thereof  the  words  ' '  right 
of  suffrage. ' ' 

Mr.  Krekel  moved  to  strike  out  section 
eighteen,  and  insert  in  lieu  thereof  the  fol- 
lowing : 

Every  male  citizen  of  the  United  States, 
and  every  person  who  may  have  declared  his 
intention  to  become  a  citizen  of  the  United 
States,  according  to  law,  at  least  six  months 
before  he  offers  to  vote,  who  is  over  the  age 
of  twenty-one  years,  and  who  shall  have 
complied' with  the  provisions  of  this  article, 
and  is  not  disqualified  by  or  under  any  pro- 
vision of  this  Constitution,  and  who  shall 
have  resided  in  this  State  one  year  next  pre- 
ceding any  election,  and  daring  the  last 
sixty  days  of  that  period,  in  the  election  dis- 
trict wliere  he  seeks  registration,  shall  be 
entitled  to  vote  at  such  elections  for  all 
offices,  State,  county,  or  municipal,  made 
elective  by  the  people ;  but  he  shall  not  vote 
elsewhere  than  where  he  is  registered ,  except 
as  provided  in  the  twentieth"  section  of  this 
article:  Provided,  however,  That  no  person  of 
color  shall  be  entitled  to  become  a  voter 
under  the  foregoing-  provisions,  unless  he 
was  a  resident  of  this  State  on  the  11th  day 
of  January,  1865,  or  may  thereafter  be  born 
in  the  same,  nor  unless  such  person  of  color 
shall,  at  the  time  of  registration,  or  his 
offering  to  vote,  be  able  to  read  and  write, 
and  beof  good  moral  character;  which  facts 


18T 


aust  be  established  before  a  court  of  this 
late,  having-  a  seal;  which  court,  on  being 
atisfied  that  the  applicant  possesses  the 
ualifications  aforesaid,  shall  grant  him  a: 
ertiticate  thereof,  from  which  several  quali-  i 
.cations,  except  that  of  good  moral  charac-  | 
er;  soldiers  who  shall  have  served,  or  may 
ow  be  serving,  or  who  may  hereafter  enlist 
;i  the  armies  or  navies  of  the  United  States, 
pd  have  been  honorably  discharged  there- 
rom,  shall  be  exempt  ;  And  provided  further , 
'hat  no  person  of  color  shall  vote  prior  to 
lie  11th  day  of  January,  1872.  And  for  the 
arpose  oi  ascertaining-  the  sense  of  the  peo- 
ple in  regard  to  the  admission  of  persons  ot 
olor  to  "the  right  of  suffrage,  under  the 
sstrictions,  limitations,  and  qualifications 
foresaid,  the  Legislature  shall,  by  law, 
frovide  for  a  submission  thereof  to  the  peo- 
lle.  at  the  general  election  to  be  held  in 
870;  and  if  a  majority  shall  vote  for  such 
olored  suffrage,   persons  of  color  shall. 


thereafter,  be  entitled  to  vote  under  the 
restrictions,  limitations,  and  qualifications 
contained  in  this  section. 

Mr.  Owexs  moved  to  amend  the  amend- 
ment, by  striking  out  all  after  the  figures 
"1872,"  in  the  twenty-second  line. 

Pending-  which,  Mr.  Clover  offered  the 

following  amendment: 

Strike  out  "1872,"  in  the  twenty-second 
line. 

Which  was  read  and  declared  out  of  order. 

On  motion  of  Mr.  Drake,  Mr.  Strong  was 
excused  from  further  duty  on  the  Committee 
on  Militia,  and  Mr.  Ellis  was  appointed  in 
his  stead . 

On  motion  of  Mr.  Drake,  the  Conven- 
tion adjourned  until  Monday  next  at  9 
o'clock  A.  M. 


SIXTY-SIXTH  DAY. 


Convention  met  pursuant  to  adjournment, 
he  President  in  the  chair. 

Mr.  Drake  offered  the  following  resolu- 
ion.  which  was  adopted: 

Resolved,  That  a  committee  of  three  be 
ppointed  by  the  President,  whose  duty  it 
hall  be  to  see  that  the  Constitution  be  duly 
pd  correctl}'  enrolled . 

On  request  of  Mr.  Foster,  leave  of  absence 
\*as  granted  him  for  eight  days  from  to- 
il orrow  . 

Mr.  Drake.  Chairman  of  the  Committee 
•n  Revision,  presented  the  following  report: 

i  Mr.  President:  The  Revising  Commit- 
ee,  to  whom  was  referred  the  article  entitled 
Distribution  of  Powers,  beg  leave  to  report 
he  same  back,  without  amendment. 

CD.  DRAKE,  Chairman. 

On  motion  of  Mi-.  Drake,  the  article  on 
distribution  of  Powers  was  read  the  last 
ime,  and  ordered  to  be  enrolled  as  a  part  of 
die  Constitution. 

A  call  of  the  house  was  ordered,  and  the 
'allowing  members  answered  to  their  names: 

Messrs.  Barr,  Bonham,  Bunce.  Bush, 
Ohildress,  Davis  of  Nodawav,  Dodson,  Drake. 
Ellis,  Evans,  Fillev,  Folmsbee,  Foster,  Ful- 
ierson,  Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Gilstrap,  Green,  Henderson.  Hol- 
3omb,  Holland.  Hughes,  Hume,  Husmann, 
King,  Linton,  McKernan,  McPherson,  Mor- 


MOXDAY,  March  27th,  18G5. 

ton.  Newgent,  Rohrer,  St.  Gem,  Smith  of 
Mercer.  Smith  of  Worth,  Sutton,  Swearin- 
gen,  Switzler,  Thilenius,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—41  . 

Absent  with  Leave — Messrs.  Cowden, 
Holdsworth,  Leonard,  Mever.  Mxdorf,  and 
Weatherby— 6. 

Absent" without  Leave — Messrs.  Adams, 
Bedford,  Budd.  Clover,  Davis  of  New  Mad- 
rid, D'Oench,  Esther,  Fletcher.  Gamble, 
Grammer,  Martin,  Owens,  Rankin,  and 
Strong — 14. 

Sick— Messrs.  Mack,  3Iitchell,  and  Peck— 3. 

The  Sergeant-at- arms  reported  Mr.  Strong 
outside  the  bar,  under  arrest.  Mr.  Strong 
stated  his  excuse  to  be  that  he  had  been  en- 
gaged in  writing  out  the  report  of  the  Com- 
mittee on  Education.  On  motion  of  Mr. 
Drake,  he  was  excused. 

The  Sergeant  -  at  -  arms  reported  Mr. 
D'Oench  outside  the.  bar,  under  arrest. 
:  Mr.  D'Oexch  stated  that  the  cause  of  his 
absence  Avas  sickness.  On  motion  of  Mr. 
Bush,  he  was  excused. 

Mr.  Williams  of  Caldwell  moved  that 
further  proceeding's  under  the  call  be  dis- 
pensed with,  which  motion  was  disagreed  to. 

Mr.  Clover  presented  himself,  under 
arrest,  and  stated  that  he  had  been  detained 
by  trying  a  case  in  court.  On  motion,  Mr. 
Clover  was  excused. 


188 


Mr.  Rankin  presented  himself,  under 
arrest,  and  stated  that  he  had  been  engaged 
in  writing.    On  motion,  he  was  excused. 

Mr.  Fletcher  presented  himself,  under 
arrest,  and  stated  that  he  had  just  arrived  on 
the  cars.    On  motion,  he  was  excused. 

On  motion  of  Mr.  Foster,  further  pro- 
ceedings under  the  call  were  dispensed  with. 

On  motion  of  Mr.  Foster,  leave  of  ab- 
sence was  granted  to  Mr.  Clover  tor  this  day. 

On  motion  of  Mr.  St.  Gem,  leave  of  ab- 
sence was  granted  to  Mr.  Fletcher  for  four 
days. 

On  request  of  Mr.  Thilenius.  leave  of 
absence  was  granted  him  for  this  week. 

On  motion  of  Mr.  Drake,  the  article  on 
Right  of  Suffrage  was  taken  up,  and  the 
question  then  being  on  the  amendment 
offered  by  Mr.  Owens  to  the  amendment 
offered  by  Mr.  Krekel,  Mr.  Owens  de- 
manded the  ayes  and  noes  thereon ,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Holcomb  and  Switzler — 2. 

Noes — Messrs.  Barr,  Bonham,  Bunce, 
Bush,  Childress,  Clover,  Davis  of  Nodaway, 
Dodson,  D'Oench,  Drake,  Ellis,  Evans, 
Filley,  Fletcher,  Folmsbee,  Foster,  Ful- 
kerson, Gilbert  of  Lawrence,  Gilbert  of 
Platte,  Gilstrap,  Green,  Henderson,  Hol- 
land, Hughes,  Hume,  Husniann,  King, 
Linton.  McKernan,  McPherson,  Morton, 
Newgent,  Rankin,  Rohrer,  St.  Gem,  Smith 
of  Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen,  Thilenius,  Williams'  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent— 44. 

Absent  with  Leave — Messrs.  Holds- 
worth,  Leonard,  Martin,  Meyer,  Mxdorf, 
and  Weatherby — 6. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Budd,  Davis  of  New  Madrid, 
Esther,  Gamble,  Grammer,  and  Owens — 8. 

Sick— Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  amendment  was  disagreed  to . 

The  question  then  being  on  the  amend- 
ment offered  by  Mr.  Krekel  to  the  eigh- 
teenth section  of  the  article  on  the  Right  of 
Suffrage,  Mr.  Gilstrap  offered  the  following 
amendment  to  Mr.  Krekel 's  amendment, 
to -wit: 

Amend  by  striking  out,  in  the  seventeenth 
line,  all  after  the  word  '  'thereof, ' '  down  to 
the  word  4tand,"  in  the  twenty-first  line. 

The  question  then  being  on  the  amend- 
ment to  the  amendment  offered  by  Mr.  Gil- 
strap, and  on  which  he  demanded  the  ayes 
and  noes,  the  vote  being  taken,  stood  as 
follows : 


Ayes— Messrs.  Bedford,  Bush,  Dodson 
Gamble,  Gilbert  of  Lawrence,  Gilbert  c 
Platte,  Gilstrap,  Green,  Hughes,  Newgent 
Switzler,  and  Mr.  President — 12. 

Noes— Messrs.  Barr,  Bonham,  Buddj 
Bunce,  Childress,  Davis  of  Nodaway! 
D'Oench,  Drake,  Ellis.  Evans,  Folmsbee! 
Foster,  Fulkerson,  Henderson,  Holland jj 
Hume,  Husmann,  King,  Linton,  McKer 
nan,  McPherson,  Rankin,  Rohrer,  St.  Gem 
Smith  of  Mercer,  Smith  of  Worth,  Strong  ! 
Sutton,  Swearingen,  Thilenius,  Williams  oil 
Caldwell,  and  Williams  of  Scotland— 32. 

Absent  with  Leave  —  Messrs.  Clover 
Fletcher,  Holds  worth.  Leonard,  Martin 
Meyer,  Nixdorf,  and  Weatherby— 8. 

Absent  without  Leave— Messrs.  Adams 
Davis  of  New  Madrid,  Esther,  Filley,  Gram1! 
mer,  Holcomb,  Morton,  and  Owens — 8. 

Sick— Messrs.  Cowden,  Mack,  Mitchell 
and  Peck — 4. 

So  the  amendment  to  the  amendment  wa 
disagreed  to . 

The  following  amendment  to  the  amend  { 
ment  offered  by  Mr.  Gilstrap  was  read  an 
disagreed  to : 

Amend  the  amendment  by  inserting  th 
word  'miale"  before  the  word  "person,') 
in  the  first  line. 

Mr.  Drake  offered  the  following  amend, 
ment  to  the  amendment: 

_  Amend  the  amendment  by  striking  out  o 
lines  one,  two  and  three,  the  following 
words:  '"•and  every  person  who  ma}'' hav(:; 
declared  his  intention  to  become  a  citizen  o J 
the  United  States,  according  to  law,  at  leas 
six  months  before  he  offers  to  vote. ' ' 

At  the  request  of  Mr.  Bush,  leave  of  ah  ft 
sence  was  granted  him  for  this  afternoon. 

On  motion  of  Mr.  Folmsbee,  the  Conven- 
tion adjourned  until,  half-past  2  o'clock  P.  M 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  Vice  President  in  the  chair. 

The  question  being  on  Mr.  Drake's  amend 
ment  to  the  amendment  of  Mr.  Krekel,  Mr. 
Drake  demanded  the  ayes  and  noes  thereon ; 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Budd,  Bunce,  Childress. 
Davis  of  Nodaway,  Drake,  Evans,  Folms- 
bee,  Fulkerson,  Gamble,  Henderson,  Hoi-' 
land,  Hume,  McPherson,  Morton,  Rankin,! 
Smith  of  Mercer,  Smith  of  Worth,  Strong. 
Sutton,  Switzler,  and  Williams  of  Scotland 
—21. 

Noes — Messrs.  Barr,  Bedford,  Bonham, 
Bush,  Dodson,  D'Oench,  Ellis,  Filley,  Fos- 
ter, Gilbert  of  Lawrence,  Gilbert  of  Platte, 
Gilstrap,  Green,  Holcomb,  Hughes,  Hus- 


189 


tanri,  King,  Linton,  Kewgent,  Rohrer, 
vvearingen,  Thilenius,  and  Mr.  President 

•  Absent  with  Leave —  Messrs.  Clover, 
'letcher,  Holdsworth,  Leonard,  Martin, 
jleyer,  Nixdorf,  and  Weatlierby— S. 
Absent  without  Leave— Messrs.  Adams, 
>avis  of  New  Madrid,  Esther,  Gramuier, 
feKernan,  Owens,  St.  Gem,  and  Williams 
f  Caldwell— 8. 

j  Sick— Messrs.  Cowden,  Mack,  Mitchell, 
nd  Peck— f. 

;  So  the  amendment  to  the  amendment  was 
fsagreed  to. 

J  Mr.  Husmann  moved  a  call  of  the  house, 
Hiich  was  not  sustained. 
.Mr.  Budd  offered  the  following  amendment 
>  the  amendment  of  Mr.  Krekel: 

[  Strike  out  the  word  '  'citizen, ' '  in  the  first 
ne,  and  insert  '-person;"  strike  out  all 
lifter  the  word  '  'article, ' '  in  the  tenth  line. 

Mr.  Eudd  withdrew  the  first  part  of  his 
oiendment,  to-wit: 

Strike  out  the  word  '  'citizen, ' '  in  the  first 
ne,  and  insert  '  -  person. '  ? 

Alter  debate,  Mr.  Budd  withdrew  his 
ntire  amendment. 

The  question  then  being  on  the  amendment 
t'  Mr.  Krekel,  the  ayes  and  noes  were 
emanded;  and  the  vote  being  taken,  stood' 
s  follows : 

;  Ayes— Messrs .  Bedford,  Bush,  Dodson, 
f>'Oench,  Ellis,  Evans,  Foster,  Gilbert 
If  Lawrence,  Gilstrap,  Green,  Holcomb. 
tug'hes,  Husmann,  King,  Linton,  Newgent, 
fonrer,  St.  Gem,  Thilenius,  and  Mr. 
i  resident — 20. 

Noes  —  Messrs.   Barr,    Bonham,  Budd, 
Itiiice,  Childress,  Davis  of  Nodaway,  Drake, 
nlley.  Folmsbee,  Fulkerson,  Gamble,  Gil- 
jert  of  Platte,  Henderson,  Holland,  Hume, 
jlcKernan,  McPiierson,  Morton,  Rankin,  j 
mith  of  Mercer,  Smith  of  Worth,  Strong,  j 
[utton,  Swearingen,  Switzler,  Williams  of 
aid  well,  and  Williams  of  Scotland — 27. 
■1  Absent  with  Leave— Messrs.   Clover,  ; 
ioldsworth,  Leonard,  Martin,  Meyer,  Nix- 
orf,  and  Weatlierby — 7. 

Absent  without  Leave — Messrs i  Adams, 
)avis  of  New  Madrid,  Esther,  Fletcher, 
rraminer,  and  Owens — 6. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
nd  Peck — 4. 

So  the  amendment  was  disagreed  to. 
Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  seventh,  line  first,  hy 
piking  out  the  words  '  'the  adoption  of, ' ' 
nd  inserting,  after  the  word  "Constitu- 
iion, ' '  the  words  1  'takes  effect. ' ' 


3Ir.  Deake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  ninth,  line  third,  by  strik- 
ing out  the  words  "the  adoption  of, "  and 
inserting,  after  the  word  "Constitution," 
the  words  ' '  takes  effect . ' ' 

Mr.  Holcomb  offered  the  following  amend- 
ment : 

Amend  by  striking  out  section  twenty-six. 

Mr.  Foster  moved  the  previous  question, 
which  was  sustained. 

The  question  then  being  on  the  adoption 
of  Mr.  Holcomb' s  amendment,  Mr.  Deake 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken,  stood  as  follows: 

A  yes  —  Messrs .  Barr ,  Bush ,  Dodson , 
D'Oench,  Ellis,  Folmsbee,  Foster,  Gamble, 
Gilbert  of  Platte.  Green,  Holcomb,  Hughes, 
Husmann,  King.  Meyer,  Morton,  Newgent, 
Kohrer,  Smith  "of  Mercer,  Sutton,  Swearin- 
gen, Switzler,  and  Mr.  President — 23. 

Noes — Messrs.  Bonham,  Budd,  Childress, 
Davis  of  Nodaway,  Drake,  Evans,  Filley, 
Fulkerson,  Gilbert  of  Lawrence,  Henderson, 
Holland,  Hume.  Linton,  McPiierson,  Ran- 
kin, Smith  of  Worth,  Strong,  Williams  of 
Caldwell,  and  Williams  of  Scotland — 19. 

Absent  with  Leave — Messrs.  Clover, 
Fletcher,  Holdsworth,  Leonard,  Martin, 
Nixdorf,  Thilenius,  and  Weatlierby — S. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Bttnce,  Davis  of  New  Madrid,' 
Esther,  Gilstrap,  Grammer,  McKernan, 
Owens,  and  St.  Gem — 10. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck— 4. 

So  the  section  was  stricken  out. 

Mr.  Strong  offered  the  following,  to  take 
the  place  of  section  twenty-six,  reported  by 
the  committee: 

For  the  purpose  of  ascertaining  the  sense 
of  the  people  in  regard  to  the  admission  of 
persons  of  color  to  the  right  of  suffrage,  the 
General  Assembly  may  provide,  by  law. 
for  submitting  the  question  to  the  qualified 
voters  at  any  general  election  to  be  held 
after  the  eleventh  day  of  January,  eighteen 
hundred  and  seventy-five;  and  if  a  majority 
of  the  votes  given  at  any  such  election  shall 
be  in  favor  of  colored  suffrage,  the  persons 
of  color  being  otherwise  qualified  as  voters, 
shall  be  entitled  to  vote  at  all  elections  by  the 
people. 

Mr.  Folmsbee  offered  the  following 
amendment  to  the  proposition  of  Mr.  Strong: 

Amend  by  inserting  in  the  tenth  line,  after 
the  words  -'  'seventy-five,  "  these  wrords, 
'  'but  at  no  earlier  date. ' ' 

On  motion  of  Mr.  Foster,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow 
morning. 


190 


SIXTY-SEYENTH  DAY. 


TUESDAY,  March  28th,  1865. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  request  of  Mr.  Hughes,  leave  of 
absence  was  granted  him  for  five  days. 

On  request  of  Mr.  Newgent,  leave  of 
absence  was  granted  him  for  eleven  days. 

The  article  on  the  Declaration  of  Eights, 
offered  by  Mr.  Drake,  was  read  a  second 
time. 

The  proposition  of  Mr.  Strong,  offered 
yesterday,  with  the  amendment  thereto 
offered  by  Mr.  Folmsbee,  was  taken  up. 

Mr.  Hughes  moved  to  lay  them  on  the 
table,  and  on  this  motion  demanded  the  ayes 
and  noes,  and  the  vote  being  taken,  stood 
as  follows: 

Ayes — Messrs.  Budd,  Davis  of  Nodaway, 
Dodson,  Drake,  Gilbert  of  Lawrence,  Gil- 
bert of  Platte,  Gilstrap,  Green,  Holcomb, 
Hughes,  Husmann,  King,  McPherson, 
Rohrer,  and  Mr.  President— 15. 

Noes  —  Messrs.  Barr,  Bonham,  Bunco , 
Childress,  Esther,  Evans,  Fletcher,  Folms- 
bee. Fulkerson,  Gamble,  Henderson,  Hol- 
land, Hume,  Leonard,  McKernan,  Morton, 
Newgent,  Rankin,  Smith  of  Mercer,  Smith 
of  Worth,  Strong,  Swearingen,  Switzler, 
Williams  of  Caldwell,  and  Williams  of  Scot- 
land-25. 

Absent  with  Leave — Messrs.  Foster, 
Holdsworth,  Martin,  Nixdorf,  and  Thile- 
nius— 5. 

Absent  without  Leave — Messrs .  Adams , 
Bedford,  Bush,  Clover,  Davis  of  New  Ma- 
drid. D'Oench,  Ellis,  Filley,  Grammer, 
Linton,  Meyer,  Owens,  St.  Gem,  Sutton, 
and  Weatherby — 15. 

Sick— Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck— 1. 

So  the  motion  to  lay  on  the  table  was 
rejected. 

On  request  of  Mr.  St.  Gem,  leave  of  ab- 
sence was  granted  him  for  this  day. 

The  President  announced  the  following 
committeee,  in  accordance  with  the  resolu- 
tion offered  by  Mr.  Drake  yesterday,  to  see 
that  the  Constitution  be  correctly  enrolled: 

Messrs.  Drake,  Switzler,  and  Holland. 

Mr.  Bush,  obtained  leave  of  absence  for  this 
afternoon. 

The  question  being  on  the  amendment  of 
Mr.  Folmsbee  to  Mr.  Strong's  amendment, 
Mr.  Folmsbee  demanded  the  ayes  and  noes, 
and  the  vote  being  taken,  stood  as  follows: 


Ayes — Messrs.  Barr,  Childress,  Evans 
Folmsbee,  Henderson,  Morton,  Rankin,  an 
Strong — 8 . 

Noes  — Messrs.  Bonham,  Budd,  Bush 
Clover,  Davis  of  Nodaway,  Dodson 
D'Oench,  Drake,  Ellis,  Esther,  Filley 
Fulkerson,  Gamble,  Gilbert  of  Lawrence 
Gilstrap,  Green,  Holcomb,  Holland,  Hughes 
Hum*1,  Husmann,  King,  Linton,  McKernan 
McPherson,  Meyer,  Rohrer,  Smith  of  Mer 
cer.  Smith  of  Worth,  Swearingen,  William 
of  Caldwell,  Williams  of  Scotland,  and  Mr 
President— 33. 

Absent  with  Leave — Messrs .  Fletcher 
Foster,  Holdsworth,  Martin,  Newgent 
Nixdorf,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave — Messrs.  Adams 
Bedford,  Bunce,  Davis  of  New  Madrid 
Gilbert  of  Platte,  Grammer,  Leonard,  Owens 
Sutton,  and  Weatherby — 10. 

Sick — Messrs.  Cowden,  Mack,  Mitchell 
Peck,  and  Switzler — 5. 

So  the  amendment  was  rejected: 

Mr.  Bonham  offered  the  following  as 
substitute  for  the  amendment  proposed  b; 
Mr.  Strong: 

Sec.  — .  For  the  purpose  of  ascertain^ 
the  sense  of  the  people  in  regard  to  th 
admission  of  persons  of  color  to  the  right  o: 
suffrage,  the  question  shall  be  submitted  to 
and  voted  upon  by,  the  qualified  voters  of  th 
State,  at  the  general  election  to  be  held  in  th 
year  one  thousand  eight  hundred  and  seventy 
and  if  the  vote  of  the  people  should  be  agains 
such  admission,  the  General  Assembly  may 
at  any  time  thereafter,  provide  by  law  fo 
again  submitting  the  question  to  the  qualifiet 
voters,  at  any  general  election,  and  as  oftei 
as  it  may  deem  expedient.  And  if  a  majoriti 
of  the  votes  given  upon  the  question,  at  an; 
such  election,  shall  have  been  in  favor  6 
colored  suffrage,  the  persons  of  color,  beinj 
otherwise  qualified  as  voters,  shall  be  entitle! 
to  vote  at  ail  elections  by  the  people.  Tin 
General  Assembly  shall,  bylaw,  provide  fo 
carrying  this  section  into  effect. 

On  motion  of  Mr.  Ellis,  the  Convention 
adjourned  until  half-past  2  o'clock  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Bonham 's  substitute  for  the  amend- 
ment of  Mr.  Strong  was  taken  up. 

Mr.  Bonham  moved  a  call  of  the  house, 
which  was  ordered,  and  the  following  mem- 
bers responded  to  their  names: 


191 


Messrs.  Adams.  Bonham,  Budd.  Bunce. 
Davis  of  Nodaway.  Dodsou.  Drake.  Ellis, 
Evans.  Folinsbee*,  Fulkerson.  Gamble.  Gil- 
bert of  Platte.  Gilstrap,  Green.  Henderson, 
Holeomb.  Holland.  Hume.  King.  Leonard. 
McKernan.  McPherson.  Smith  "of  Mercer, 
Sutton.  Sweariugen.  Williams  of  Scotland, 
and  Mr.  President — 28. 

Absent  with  Leave — Messrs .  Bush . 
Fletcher,  Foster.  Holdsworth,  Martin  New- 
feent,  Mxdorf,  Peck.  St.  Gem,  and  Thile- 

Aesext  without  Leave — Messrs.  Barr, 
[Bedford.  Childress.  Clover.  Davis  of  New 
Sfadrid,  D'Oench.  Esther.  Filiey,  Gilbert 
ra  Lawrence,  Grammer.  Hughes.  Husmann. 
i Linton.  Meyer.  Morton.  Owens.  Rankin, 
feohrer.  Smith  of  Worth.  Strong.  Weath- 
[ferby.  and  Williams  of  Caldwell— 22. 

Sick — Messrs.  Cowden.  Mack.  Mitchell ,  ! 
and  Svntzler — A. 

!  Mr.  Williams  of  Caldwell  reported  himself 
junder  arrest;  stated  that  he  had  been  detained  j 
with  a  sick  friend.    On  motion,   he  was 
I  excused. 

Mr.  Baer  reported  himself  under  arrest: 
stated  that  he  had  been  detained  on  a  com- 
jmittee.    On  motion,  he  was  excused. 

Mr .  E  ohree  reported  himself  under  arrest ; 
stated  that  he  had  returned  as  soon  as  he  I 
icould.  living  some  distance  from  the  hall, 
ibn  motion,  he  was  excused. 
!  Mr.  Meyee  reported  himself  under  arrest:  j 
stated  that  he  had  been  at  the  provost  I 
marshal's  office  on  special  business.  On 
potion,  he  was  excused, 
i  Mr.  Gilbert  of  Lawrence  reported  himself  j 
kinder  arrest:  stated  that  he  had  been  in 
[  (consultation  with  the  Governor.  On  motion .  j 
jlie  was  excused. 

Mr.  Gilstrap  stated  that  he  had  no  excuse  j 
ito  offer,   nor  should  he  offer  any.    The  | 
(President  decided  that  he  was  thereby  in 
[contempt  of  the  Convention. 

Mr.  Plaxkix  reported  himself  under  arrest: 
(stated  that  he  had  been  detained  by  a  con- 
sultation with  the  Governor.  On  motion,  he 
iwas  excused. 

Mr.  Childress  reported  himself  under 
arrest:  stated  that  he  had  been  detained  by  a 
consultation  with  the  Governor .  On  motion . 
he  was  excused. 

On  motion  of  Mr.  Davis  of  Xodaway. 
further  proceedings  under  the  call  were 
(dispensed  with. 

Mr.  Bonham  modified  his  substitute  to  Mr. 
Strong's  amendment,  so  as  to  read  as  follows : 

For  the  purpose  of  ascertaining  the  sense 
of  the  people  in  regard  to  the  admission  of 


persons  of  color  to  the  ri^ht  of  suffrage,  the 
question  shall  be  submitted  to.  and  voted 
upon  by.  the  qualified  voters  of  the  State,  at 
the  general  election  to  be  held  in  the  vear 
one  thousand  eight  hundred  and  seveiitv. 
And  if  a  majority  of  the  votes  given  upon  the 
question,  at  such  election,  shall  have  been  in 
favor  of  colored  suffrage,  then  persons  ol 
color,  being  otherwise" qualified. as  voters, 
shall  be  entitled  to  vote  at" ail  elections  by  the 
people.  The  General  Assembly  shall',  by 
law.  provide  for  carrying  this  section  into 
effect. 

The  question  being  on  the  substitute  of  Mr . 
Bonham.  as  modified  by  him,  he  demanded 
the  ayes  and  noes  thereon;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes— Messrs.  Bonham.  D'Oench.  Linton. 
McKeman,  Williams  of  Scotland,  and  Mr! 
Pre_sident — 6. 

Aoes — Messrs.  Adams.  Budd.  Bunce, 
Childress.  Clover.  Davis  of  Nodaway, 
Doclson.  Drake.  Esther.  Filley,  Folmsbee, 
Fulkerson.  Gamble.  Gilbert  of  Lawrence! 
Gilbert  of  Platte.  Gilstrap.  Green.  Hender- 
son. Holeomb.  Holland.  Hughes.  Hume. 
King.  Leonard.  IvIePherson .  Meyer.  New- 
gent.  Rankin,  Eohrer.  Smith  of  Mercer, 
Smith  of  Worth.  Strong.  Sutton,  and 
Sweariugen — 34 . 

Absent  with  Leave  —  Messrs.  Bnsh, 
Fletcher.  Foster.  Holdsworth.  Martin,  Nix- 
dorf.  St.  Gem.  and  Thilenius — S. 

Absent  withoet  Leave — Messrs.  Barr. 
Bedford,  Davis  of  New  Madrid..  Ellis.  Evans. 
Grammer.  Husmann.  Morton.  Owens. 
Weatherby.  and  Williams  of  Caldwell— 11. 

Sick — Me-srs.  Gowdem,  Mack.  Mitchell, 
Peck,  and  Switzler — 5. 

So  the.  substitute  was  rejected. 

Mr.  Drake  offered  the  following  substitute 
for  Mr.  Strong's  amendment: 

Sec.  — .  For  the  purpose  of  ascertaining 
the  sense  of  the  people  in  regard  to  the 
admission  of  persons  of  color  to  the  right  of 
suffrage,  the  question  shall,  in  the  manner 
hereinafter  prescribed,  be  submitted  to.  and 
voted  upon  by.  the  qualified  voters  of  the 
State,  at  the  general  election  to  be  held  in 
the  year  one  thousand  eight  hundred  and 
seventy.  The  ballots  in  favor  of  the  admis- 
sion of  persons  of  color  to  the  right  of 
suffrage,  shall  have  written  or  printed 
thereon  the  words  *•  Colored  Suffrage — Yes:"' 
and  those  against  such  admission  shall  have 
written  or"  printed  thereon  the  words 
'•Colored  Suffrage — No."  The  judges  at 
said  election  shall  count  and  return  the  votes 
given  on  said  question,  and  the  same  shall 
be  cast  up" and  certified  by  the  clerks  of  the 
several  county  courts,  to  the  Secretary  of 
State.  And  at  the  expiration  of  forty  days 
after  the  election,  the  Governor  shall  proceed 
to  ascertain,  from  the  returns  in  the  office  of 
the  Secretary  of  State,  the  aggregate  vote 
of  the  State  upon  said  question,  including 
the  soldiers*  vote,  hereinbefore  provided  for, 


192 


and  shall  announce  the  same  by  his  proclama- 
tion. And  if  a  majority  of  the  votes  given 
and  returned  upon  the  question  shall  have 
been  in  favor  of  colored  suffrage,  then,  from 
the  date  of  such  proclamation,  male  persons 
of  color,  being  otherwise  qualified,  shall  be 
entitled  to  vote  at  all  elections  by  the  people. 

Mr.  Drake  moved  the  previous  question, 
which  was  sustained  by  the  Convention. 

The  question  then  being-  on  the  substi- 
tute offered  by  Mr.  Drake,  Mr.  Drake  de- 
manded the  ayes  and  noes  thereon,  and  the 
vote  being  taken  stood  as  follows: 

Ayes — Messrs.  Bonham,  Davis  of  Noda- 
way, D'Oench,  Drake,  Filley,  Fulkerson, 
Gilbert  of  Lawrence,  Holland,  Hume,  Liu- 
ton,  McPherson,  Newgent,  Smith  of  Worth, 
Swearingen,  Williams  ot  Scotland  and  Mr. 
President — JO. 

Noes — Messrs.  Budd,  Bunco,  Childress, 
Clover,  Dodsoh,  Esther,  Folmsbee,  Gam- 
ble, Gilbert  of  Platte,  Gilstrap,  Green,  Hen- 
derson., Holcomb,  Hughes,  King,  Leonard, 
McKernan,  Meyer,  Rankin,  Smith  of  Mer- 
cer, Strong,  and  Sutton — 21. 

Absent  with  Leave  —  Messrs.  Bush, 
Fletcher.  Foster,  Holdsworth,  Martin,  Nix- 
dorf,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave — Messrs.  Adams, 
Barr,  Bedford,  Davis  of  New  Madrid,  Ellis, 
Evans,  Grammer,  Husmann,  Morton, 
Owens,  Rohrer,  Switzler,  Weatherby  and 
Williams  of  Caldwell— 14. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck— 4. 

So  the  substitute  was  rejected. 

The  question  then  being  on  adopting  Mr. 
Strong's  amendment,  Mr.  Gilstrap  de- 
manded the  ayes  and  noes  thereon,  and  the 
vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs .  Folmsbee ,  Henderson , 
McKernan,  Rankin,  and  Strong — 5. 

Noes — Messrs.  Adams,  Bonham,  Budd, 
Bunce,  Childress,  Clover,  Davis  of  Noda- 
way, Dodson,  D'Oench,  Drake,  Esther, 
Filley,  Fulkerson,  Gamble,  Gilbert  of  Law- 
rence, Gilbert  of  Platte,  Gilstrap,  Green, 
Holcomb,  Holland,  Hughes,  Hume.  King, 
Leonard,  Linton,  McPherson,  Meyer,  New- 
gent, Smith  of  Mercer,  Smith  of  Worth, 
Sutton,  Swearingen,  Williams  of  Caldwell, 
Williams  of  Scotland,  and  Mr.  President — 35. 

Absent  with  Leave — Messrs.  Bush, 
Fletcher,  Foster,  Holdsworth,  Martin,  Nix- 
dorf,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leaa^e — Messrs.  Barr, 
Bedford ,  Davis  of  New  Madrid ,  Ellis ,  Evans , 
Grammer,  Husmann,  Owens,  Rohrer,  Mor- 
ton, Switzler.  and  Weatherby — 12. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  amendment  of  Mr.  Strong  was 
rejected.  . 


Mr.  Strong  moved  that  the  question  of 
negro  suffrage  be  indefinitely  postponed; 
which  motion  was  withdrawn. 

Mr .  Green  offered  the  following  as  a  sub- 
stitute for  the  original  article  on  the  Right 
of  Suffrage: 

article  — . 
Elections,  Qualifications  of  Voters  and  others. 

Section  1 .  After  the  adoption  of  this  Con- 
stitution, all  general  elections  shall  be  held 
biennially,  commencing  on  the  Tuesday  after 
the  first  Monday  in  November,  A.  D.  1866, 
and  every  two  years  thereafter,  on  Tuesday, 
before  the  first  Monday  of  the  same  month: 
Provided,  The  General  Assembly  may,  by 
law,  prescribe  a  different  day. 

Sec.  2.  Every  white  male  citizen  of  the 
United  States  (  except  idiots,  insane  persons, 
and  such  as  are  disqualified  in  the  third  sec- 
tion of  this  article  for  disloyal  practices  and 
sympathies),  who  shall  have  attained  to  the 
age  of  twenty-one  years,  been  a  resident  of 
this  State  one  year,  and  of  the  county  in 
which  he  offers  to  vote  two  months,  next 
before  an  election,  shall  be  entitled  to  be 
registered,  and  to  vote  at  all  elections. 

Sec.  3.  Persons  who,  since  the  seventeenth 
day  of  December,  A.  D.  1861,  shall  have 
voluntarily  engaged  in  war,  rebellion,  insur- 
rection, or  warlike  array  (or  who,  since 
said  day,  shall  have  voluntarily  adhered  to, 
openly  sympathized  with,  or  in  any  wTay 
aided,  abetted,  or  encouraged  others  so  en- 
gaged) against  the  government  of  the  Uni- 
ted States,  or  of  the  State  of  Missouri,  or  the 
military  forces  or  loyal  people  thereof,  and 
persons  who,  after  having  voted  at  any  elec- 
tion, shall  have  claimed  protection  of  any 
foreign  government,  to  secure  exemption 
from  any  military  draft,  or  from  service  in  the 
militia  forces  of  this  State,  are  hereby  dis- 
qualified to  vote,  hold  office,  serve  on  juries, 
teach  in  public  schools,  serve  as  judges  or 
clerks  of  any  election,  or  as  an  officer  of  any 
corporation' in  this  State:  Provided,  hoviever, 
That  any  such  person  who.  after  having 
committed  the  acts  aforesaid,  shall  have 
enlisted,  as  a  volunteer,  in  the  military  ser- 
vice of  the  United  States,  or  of  this  State, 
and  served  one  year,  or  more,  and  been 
thereafter  honorably  discharged,  is  hereby 
relieved  against  the  disabilities  hereinabove 
imposed. 

Sec.  4.  All  elections  shall  be  by  ballot,  and 
continue  one  day  only,  except  that  the  votes 
of  qualified  electors,  absent  in  the  military 
service  of  the  United  States,  or  of  this  State, 
shall  be  taken  in  any  manner,  on  any  day  or 
days  within  twenty  days  before  any  election 
day,  and  returned  in*  an y  time  and  manner 
as  the  General  Assembly  may,  by  law,  pre- 
scribe. 

Sec.  5.  The  General  Assembly  shall  have 
power  to  exclude  from  the  privileges  of  an 
elector,  or  other  privilege,  any  person  who 
may  have  been  convicted  of  bribery,  perjury, 
or  other  infamous  crime. 


193 


;  Sec.  Q.  Electors,  during  attendance  at 
elections,  and  in  going-  to  and  returning 
therefrom,  shall  be  privileged  from  arrest, 
in  all  cases  except  treason,  felony,  or  breach 
pf  the  peace. 

|  Sec.  7.  No  person  in  the  military,  naval, 
or  marine  service  of  the  United  States,  shall, 
Sby  being  stationed  in  any  garrison,  military 
br  naval  station  within  this  State,  be  consid- 
ered a  resident  of  this  State. 

Sec.  8.  For  the  purpose  of  preserving  in 
purity  the  elective  franchise  to  the  loyal  peo- 
ple, and  of  carrying  into  effect  the  provisions 
mf  this  article  of  the  Constitution,  it  shall  be 
he  duty  of  the  General  Assembly,  before 
:he  next  general  election,  to  enact  a  uniform 
registration  law,  with  such  safeguards  as 
will  secure  the  registration  of  the  qualified 
electors  in  every  county,  protect  the  ballot- 
dox  to  loyal  voters,  and  exclude  therefrom 
:he  persons  disqualified  in  section  three  of 
phis  article:  Provided,  That  until  such  law 
[shall  have  been  enacted,  elections  may  be 
honducted,  and  returns  made,  as  now  pro- 
vided by  law. 

>  Sec.  9.  It  shall  be  the  duty  of  the  General 
[Assembly,  in  addition  to  a  registration  law, 
Ito  pass  all  such  laws  as  may  be  found 
pecessary  to  enforce  the  provisions  of  the 
'several  sections  of  this  article,  and  especially 
the  disqualifications  imposed  in  the  third 
section . 

Sec.  10.  Two  years  after  the  suppression 
of  the  rebellion  and  the  restoration  of  peace 
between  the  Government  of  the  United  States 
md  the  so-called  Confederate  States  of 
America,  the  General  Assembly  shall  have 
power  to  declare,  bylaw,  the  third  section 
bf  this  article,  in  whole  or  in  part,  inopera- 
tive and  void,  with  such  discriminations  as 
they  may  by  law  provide. 

f  Sec.  11.  Before  any  person  shall  hold  any 
position  as  an  officer  in  any  corporation 
wote  at  any  election,  or  teach  "in  any  public 
school  in  this  State,  he  shall  take  and 
bubscribe  to  the  following  constitutional  oath : 
f 'I,  A.  B.,  do  solemnly  swear  (or  affirm) 
:hat,  since  the  17th  day  of  December,  1861, 
t  have  never,  voluntarily,  engaged  in  war, 
rebellion,  insurrection,"  or  warlike  array 
{nor  have  I,  since  said  day,  voluntarily, 
adhered  to,  openly  sympathized  with,  or  in 
any  way  aided ,  abetted ,  or  encouraged  others 
;So  engaged)  against  the  Government  of  the 
United  States  or  of  the  State  of  Missouri,  or 
the  military  forces,  or  the  loyal  people 
thereof;  nor  have  I,  since  said  day,  having 
voted  at  any  election,  ever  claimed  the  pro- 
tection of  any  foreign  government  ,  to  secure 
exemption  from  any  military  drafts,  or  from 
service  in  the  militia  forces  of  this  State; 
but.  since  said  day,  I  have,  at  all  times, 
faithfully  adhered  to  my  allegiance  to  the 
Government  of  the  United  States  and  of  the 
State  of  Missouri .  I  will  support  ,  defend  and 
protect  the  Constitution  of  the  United  States 
and  of  this  State  against  all  enemies  or 
ppposers,  so  help  method. ' 5 


Mr.  Strong  moved  to  lay  Mr.  Green's 
substitute  on  the  table;  on  which  motion  Mr. 
Bonham  demanded  the  ayes  and  noes,  and 
the  vote  being  taken,  stood  as  follows: 

Ayes  — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Davis  of  Nodaway, 
Dodson.  D'Oench,  Drake.  Esther,  Filley, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Henderson,  Hume,  King,  McKernan,  Me- 
Pherson,  Newgent,  Rankin,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton. 
Swearingen,  Williams  of  Caldwell,  and 
Williams  of  Scotland— 2S. 

Noes — Messrs.  Adams.  Clover,  Gilbert  of 
Platte.  Gilstrap.  Green,  Holcomb,  Holland, 
Hu  ■ 

Mrf  President— 12. 

Absent  with  Leave  —  Messrs.  Bush, 
Fletcher,  Foster,  Holdsworth,  Martin,  Nix- 
dorf,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave — Messrs.  Bedford, 
Davis  of  New  Madrid,  Ellis,  Evans,  Folrns- 
bee,  Grammer,  Husmann,  Morton,  Owens, 
Rohrer,  Switzler,  and  Weatherby — 12. 

Sick — Messrs.  Cow  den,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  motion  to  lav  on  the  table  wTas 


Mr.  Bonham  offered  the  following  as  a 
new  section: 

Every  male  person  of  foreign  birth ,  of  the 
!  age  of  twenty-one  years  or  upward,  who  has 
j  resided  in  the  State  one  year  next  preceding 
I  any  election,  and  sixty  days  in  the  county  or 
precinct  where  he  offers  "to  vote,  and  shall 
have  declared  his  intention  to  become  a 
citizen  of  the  United  States,  according  to  the 
laws  of  Congress  on  the  subject  of  natural- 
ization,   shall  be  allowed  to  vote  at  all 
elections  in  this  State. 

Mr.  Holcomb  moved  the  previous  ques- 
tion, which  was  sustained. 

The  question  then  being  on  the  adoption 
of  Mr.  Bonham 's  proposition,  Mr.  Bonham 
demanded  the  ayes  and  noes,  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bonham,  Clover, 
Dodson,  Filley,  Gilbert  of  La  wren  ee.  Gil- 
strap,  Green,  Hughes,  King,  Leonard,  Lin- 
ton, Meyer,  Newgent,  Swearingen,  Williams 
of  Caldwell,  and  Mr.  President — 17. 

Noes  —  Messrs .  Ad  a  ms ,  Budd ,  B  unee , 
Childress,  Davis  of  Nodaway,  Drake,  Esther. 
Folmsbee,  Fulkerson,  Gamble,  Gilbert  of 
Platte,  Henderson,  Holcomb,  Holland, 
Hume,  McPherson,  Rankin,  Smith  of  Mer- 
cer, Smith  of  Worth,  Strong,  Sutton,  and 
Williams  of  Scotland — 22. 

Absent  w  i  t  h  Leave — Messrs .  Bush , 
Fletcher,  Foster,  Holdsworth,  Martin, Nix- 
dorf,  and  Thilenius — 7. 

Absent  without  Leave — Messrs.  Bed- 
ford, Davis  of  New  Madrid,  D'Oench,  Ellis, 
Evans,  Grammer,  Husmann,  McKernan, 


194 


Morton,  Owens,  Rohrer,  St.  Gem,  Switzler, 
and  Weatherby — 14. 

Sick— Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  new  section  was  rejected. 
Mr.  Gilstrap  offered  the  following  amend- 
ment: 

Strike  ont  section  third,  and  insert  in  lieu 
thereof  the  following1: 

Sec.  3.  That  no  person,  disqualified  under 
the  provisions  of  this  section,  shall  be 
deemed  to  be  a  qualified  voter  at  any  election 
under  the  Constitution  or  laws  of  this  State, 
or  to  be  qualified  to  hold  any  office  of  profit 
or  trust  thereunder;  or  be  permitted  to  be- 
come a  teacher  in  any  public  school,  or 
allowed  to  solemnize  the  right  of  matri- 
mony, or  to  act  as  an  officer  in  any  corpora- 
tion within  this  State. 

First — All  persons  who  have  been,  or  who 
hereafter  may  be,  voluntarily  engaged  in 
any  armed  insurrection  or  rebellion,  or  in 
any  armed  hostile  array  against  the  Govern- 
ment of  the  United  States,  or  of  the  State  of 
Missouri. 

Second — All  persons  who  have  been,  or  who 
hereafter  may  be,  voluntarily  engaged  in 
giving  aid  and  comfort  to  any  person  or 
persons  described  in  the  preceding  sub- 
division. 

Third — All  persons  who  have  been ,  or  who 
hereafter  may  be,  voluntarily  acting  with 
any  armed  band  of  partisans,  guerrillas, 
marauders,  or  so-called  bushwhackers,  in 
violation  of  the  laws  of  the  United  States, 
or  of  the  State  of  Missouri ;  and  all  persons 
who  have  been,  or  who  hereafter  maybe, 
voluntarily  engaged  in  giving  aid  and  com- 
fort to  any  person  or  persons  acting  with 
any  such  armed  band,  so  in  violation  of  said 
laws. 

Fourth — All  persons  who  have,  or  who 
hereafter  may  have,  since  the  10th  day  of 
June,  A.  D.  1862.  voluntary  adhered  to  the 
cause  of  the  so-called  Confederate  States  of 
America:  Provided,  That  any  person  who 
may  be  disqualified  under  the  first  or  second 
sub-divisions  of  this  section,  for  acts  done, 
or  words  spoken  or  written,  prior  to  the 
said  10th  day  of  June,  A.  D.  1862,  and 
who,  prior  to  said  day,  shall  have  taken  the 
benefit  of  any  proclamation  of  pardon,  or 


of  amnesty,   in  relief  therefrom,  issued 
under  the  authority  of  the  President  of  the  I 
United  States,  or  the  Governor  of  the  Stat* 
of  Missouri,  or  under  airy  ordinance  of  hei 
Convention,  and  who  shall  have  continuec 
faithfully  to  keep  and  observe  the  conditions ! 
thereof,  shall  be  relieved  and  excepted  from 
all  disqualifications  under  this  section:  anc\ 
provided  further,  That  any  person  who  may  ! 
be  disqualified  under  the  provisions  of  the ; 
first,  second,  and  fourth  sub-divisions  61 
this  section,  prior  to  the  10th  day  of  May, 
A.  D.  1865,  and  Avho  shall  have,  prior  tc  I 
that  day,  volunteered  into  the  military  ser- 
vice of  the  United  States,  and  shall  faithfully 
serve  therein  for  the  period  of  twelve  months, 
unless  sooner  discharged,  shall  be  relieved 
from  such  disqualification. 

Mr.  Bonham  moved  to  lay  Mr.  GilstrapY 
amendment  on  the  table,  and  demanded  the 
ayes  and  noes  thereon,  and  the  vote  being 
taken,  stood  as  follows: 

Ayes — Messrs.  Adams,  Barr,  Bonham, 
Budd,  Bunce,  Childress,  Davis  of  Nodaway, 
Drake,  Filley,  Fulkerson,  Gamble,  Gilbert 
of  Lawrence,  Henderson,  Holland,  Hume, 
King,  Leonard,  McKernan,  McPherson, 
Rankin,  Strong,  Sutton,  Swearingen,  Wil- 
liams of  Caldwell,  and  Williams  of  Scot- 
land— 25. 

Noes — Messrs.  Clover,  Dodson,  D'Oench, 
Esther,  Folmsbee,  Gilbert  of  Platte,  Gil- 1 
strap,   Green,   Holcomb,   Linton,  Meyer,;! 
Eohrer,  Smith  of  Mercer,  Smith  of  Worth, 
and  Mr.  President — 51. 

Absent  with  L  e  a  v  e — Messrs .  Bush, 
Fletcher,  Foster,  Holdsworth,  Martin,  New-  1 
gent,  Nixdorf,  St.  Gem,  and  Thilenius — 9. 

Absent  without  Leave — Messrs.  Bed- 
ford, Davis  of  New  Madrid,  Ellis,  Evans,  I 
Grammer,   Hughes,    Hnsmann,  Morton, 
Owens,  Switzler,  and  Weatherby — 11. 

Sick— Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck— 4. 

So  the  motion  to  lay  on  the  table  was 
agreed  to. 

On  motion  of  Mr.  Strong,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow 
morning. 


195 


SIXTY-EIGHTH  DAY. 


i  Convention  met  pursuant  to  adjournment, 
;he  President  in  the  chair. 

Mr.  Green  offered  the  following'  ordi- 
nance, which  was  read  the  first  time: 

IN  ORDINANCE  PROVIDING-  FOR  THE  ELECTIVE 
FRANCHISE . 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  in  Convention  assembled,  as  follows : 
Sec.  1.  All  general  elections  in  this  State, 
ihall  be  held  biennially,  on  Tuesday  after 
he  first  Monday  in  November,  in  the  year  of 
»ur  Lord  one  thousand  eight  hundred  and 

I|ixty-six,    :nd  on  the  same  day  every  two 

1  pears  thereafter . 
i  Sec  2.  All  elections,  in  this  State,  shall 
-)e  by  ballot,  and  continue  one  day  only. 

Sec  3.  Every  white  male  citizen  of  the 
Jnited  States,  and  every  white  male  person 

■  |vho  may  have  declared  his  intention  to 

:  >ecome  a  citizen  of  the  United  States,  in 
mrsuance  of  law,  at  least  six  months  before 
le  offers  to  vote,  or  to  be  registered  as  a 
foter;  who  is  over  the  age  of  twenty-one 
rears,  having  complied  with  this  ordinance, 
md  is  not  disqualified  by  or  under  its  provi- 

;  ions ;  who  shall  have  resided  within  this  State 
me  year  next  before  any  election,  the  last 
sixty  days  of  which  period  shall  be  in  the 
lection  district  in  which  he  is  registered  and 
•ffers  to  vote,  shall  be  a  qualified  voter  at  all 

,  lections  in  -.Ids  State:  Provided,  That  no 
terson  shall  vote  in  any  other  county  than 
hat  in  wnich  he  shall  be  registered,  except 

!  persons  in  the  military  service  of  the  United 

Jltates  and  of  the  State  of  Missouri . 

-»i  Sec.  4.  Persons  who,  since  the  seventeenth 
lay  of  December,  in  the  year  of  our  Lord 
>ne  thousand  eight  hundred  and  sixty-one, 
hall  have  voluntarily  engaged  in  any  insur- 
rection, rebellion,  war,  or  warlike  array; 
i»rwho,  since  said  day,  shall  have  voluntarily 
.dhered  to,  openly  sympathized  with,  or  in 

fj.ny  way  aided,  abetted,  or  encouraged  others 

-no  engaged,  against  the  Government  of  the 
Jnited  States  or  of  the  State  of  Missouri,  the 
ailitary  forces  or  the  loyal  people  thereof; 
nd  persons  who,  after  having  voted  at  any 
lection  within  the  United  States,  shall  have 
laimed  protection  of  any  foreign  govern- 
aent,  to  secure  exemption  from  any  military 
Iraft,  or  from  service  in  the  militia  forces  of 
his  State,  are  hereby  disqualified  to  vote, 
lold  office,  serve  on  juries,  teach  in  public 
chools,  serve  as  judges  or  clerks  of  any 
■lection,  or  as  an  officer  in  any  corporation 
n  this  State:  Provided,  however,  That  any 
uch  person  wiio,  after  having  committed 
ny  of  the  acts  aforesaid,  shall  have  enlisted 
.s  a  volunteer  in  the  military  sendee  of  the 
Jnited  States  or  of  this  State /and  served  one 
rear  or  more,  and  shall  have  been  honorably 


WEDNESDAY,  March  29th,  18G5. 

discharged,  is  hereby  relieved  from  the 
disabilities  hereinbefore  imposed. 

Sec.  5.  Before  any  person  shall  vote  at 
any  election,  hold  any  office,  serve  on  any 
jury,  teach  in  any  public  school,  serve  as  a 
judge  or  clerk  of  any  election,  or  as  an  officer 
in  any  corporation,  within  this  State,  he 
shall  take  the  following  constitutional  oath : 
"I  do  solemnly  swear  (or  affirm)  that  I 
will  support  the  Constitution  of  the  United 
States,  and  of  the  State  of  Missouri,  and 
obey  the  laws  constitutionally  enacted  there- 
under, and  defend  and  protect  the  same 
against  all  enemies  and  opposers,  domestic 
or  foreign,  to  the  best  of  my  ability:  so  help 
me  God.  And  I  do  further  swear  (or  affirm) 
that,  since  the  seventeenth  da}-  of  December, 
in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-one,  I  have  never  volun- 
tarily engaged  in  any  insurrection,  rebellion, 
war,  or" warlike  array;  nor  have  I,  since 
said  day,  voluntarily  adhered  to,  openly 
sympathized  with,  or  in  any  way  aided, 
abetted,  or  encouraged  others  so  engaged, 
against  the  government  of  the  United  States, 
or  of  the  State  of  Missouri,  the  military 
forces,  or  the  loyal  people  thereof;  nor  have 
I,  after  having  voted  at  any  election  within 
the  United  States,  claimed  protection  of  any 
foreign  government,  to  secure  exemption 
from  any  military  draft,  or  from  service  in 
the  military  forces  of  this  State. ' ' 

Sec.  6.  Any  person  who  shall  willfully 
take  the  oath  in  the  next  preceding1  section 
provided,  knowing  the  facts  therein"  or  any 
one  of  them,  to  be  false,  shall  be  guilty  of 
perjury,  and  punished  under  existing  laws. 
And  any  person  who  shall  vote,  or  offer  to 
vote,  at  any  election  in  this  State,  having 
taken  said  oath  falsely,  in  any  fact  therein 
mentioned,  whether  knowingly  or  not,  shall 
be  guilty  of  a  misdemeanor,  and  punished 
byline  not  less  than  one  hundred  dollars, 
nor  more  than  five  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than 
three,  nor  more  than  twelve  months. 

Sec  7.  The  General  Assembly  shall  have 
the  powTer  to  exclude  from  the  privilege  of 
voting,  or  other  privilege,  any  person  who 
may  have  been  convicted  of  bribery,  perjury,, 
felony,  or  other  infamous  crime. 

Sec  8.  Voters,  during  their  attendance- 
at  elections,  and  in  going  to  and  returning 
therefrom,  shall  not  be  subject  to  arrest, 
except  for  treason,  felony,  or  breach  of  the 
peace . 

Sec  9.  No  person  in  the  military,  naval v 
or  marine  service  of  the  United  States,  by 
being  stationed  in  any  garrison,  military  or 
naval  station  within  this  State,  shall  be  con- 
sidered a  resident  of  this  State. 

Sec  10.  For  the  purpose  of  preservings 
in  purity,  the  elective  franchise  to  the  loyal 


196 


people,  and  of  carrying  into  effect  the  pro- 
visions of  this  ordinance,  it  shall  be  the  duty 
of  the  General  Assembly,  before  the  next 
general  election,  to  enact  a  uniform  regis- 
tration law  requiring  the  registration  of  all 
legal  voters  in  this  State,  in  pursuance  of 
this  ordinance:  Provided,  That  any  person 
being  otherwise  qualified  to  vote  in  this 
State,  who  may  be  absent  from  the  county  of 
his  residence,  in  the  military  service  of  the 
United  States,  or  of  this  State,  wherever  he 
may  be  shall  be  entitled  to  vote,  without 
registration,  on  any  day  or  days  within 
twenty  days  next  before  and  including  any 
election  day,  in  such  manner  as  now  is,  or 
hereafter  maybe,  provided  by  law. 

Sec.  11.  Every  officer,  civil  and  military, 
elected  or  appointed  in  pursuance  of  the 
Constitution  and  laws  of  this  State,  before 
entering  upon  the  duties  of  his  office,  shal[ 
take  and  subscribe,  the  constitutional  oath  in 
this  ordinance  provided,  and  shall  file  the 
same  in  the  office  of  the  clerk  of  the  county 
court  in  the  county  of  his  residence;  except 
members  of  the  General  Assembly,  who 
shall  take  the  same  oath  on  taking  their  seats 
in  that  body. 

Sec.  12.  'Until  a  registration  of  voters^shall 
be  made,  in  pursuance  of  this  law.  all  voters 
shall  take  the  constitutional  oath  aforesaid, 
before  voting  at  any  election  hereafter  held; 
and  may  be  challenged  before  the  judges  of 
the  election  as  being  disqualified  under  this 
ordinance.  But  after  such  registration  shall 
have  been  made,  no  question,  except  that  of 
registration,  shall  be  tried  before  the  judges 
of  any  election. 

Sec.  13.  Any  provision  of  the  Constitution 
of  this  State,  or  of  any  law  or  ordinance  of 
tins  State,  in  conflict  with  the  provisions  of 
the  emancipation  ordinance  passed  by  this 
Convention  on  the  11th  day  of  January, 
A.  D.  1865,  and  inconsistent'with  the  provi- 
sions of  this  ordinance,  is  hereby  abrogated . 

Sec.  14.  The  General  Assembly  shall, 
after  the  1st  day  of  January,  A.  D.  1870, 
have  the  power  to  repeal  the  fourth  section 
and  the  second  subdivision  of  the  oatii 
required  in  the  fifth  section  of  this  ordinance. 

Sec.  15.  On  the  taking  effect  of  the  Con- 
stitution proposed  by  this  Convention,  this 
ordinance  shall  become  inoperative  and  void. 

Mr.  Bonham  moved  to  reject  the  ordinance, 
and  demanded  the  previous  question,  which 
was  sustained. 

The  question  then  being  on  the  rejection 
of  the  ordinance,  Mr.  Bonham  demanded 
the  ayes  and  noes  thereon;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes— Messrs.  Adams,  Barr,  Bonham, 
Budd,  Bunce,  Childress,  Davis  of  Nodaway, 
Drake,  Esther,  Evans,  Filley,  Folmsbee, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Henderson,  Hume,  King,  Leonard,  Mc- 
Kernan,  McPherson,  Smith  of  Worth, 
Strong,  Sutton,  Williams  of  Caldwell,  and 
Williams  of  Scotland— 26. 


Noes— Messrs.  Bedford,  Bush,  Dodson, 
D'Oench,  Ellis,  Gilbert  of  Platte,  Gilstrap, 
Green,  Holcomb,  Holland,  Husmann,  Lin- 
ton, Meyer,  St.  Gem,  Swearingen,  Switzler, 
and  Mr.  President— 17. 

Absent  with  Leave — Messrs.  Fletcher, 
Foster,  Holdsworth,  Hughes,  Martin,  New- 
gent,  Nixdorf,  and  Thrienius — 8. 

Absent  without  Leave — Messrs.  Clover, 
Davis  of  New  Madrid,  Grammer,  Morton, 
Owens,  Rohrer,  Smith  of  Mercer,  and 
Weatherby— 8. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
Peck,  and  Rankin — 5. 

So  the  ordinance  was  rejected. 

Mr.  Strong,  Chairman  of  the  Committee  on 
Education,  presented  the  following  report: 

The  committee  to  whom  was  referred  the 
article  of  the  Constitution  upon  Education, 
would  respectfully  report,  that  they  have 
had  the  subject  under  consideration,  and 
herewith  present  an  article  which  embodies 
the  views  of  the  committee. 

It  will  be  readily  admitted  that  the  subject 
of  general  education  is  one  of  the  most 
important  that  can  engage  the  attention  of 
those  who  desire  the  success  and  permanency 
of  free  institutions.  All  the  constitutional 
safeguards  which  can  be  thrown  around  the 
liberty  of  the  people  will  avail  but  little, 
unless  the  people  themselves  possess  a  suffi- 
cient degree  of  knowledge  and  intelligence 
rightly  to  appreciate  the  benefits  of  free 
government. 

In  our  own  State,  just  emerging  from  the 
desolations  and  dangers  of  a  terrible  civil 
war,  and  throwing  oft  the  shackles  of  a  sys- 
tem of  domestic  slavery,  which  paralyzed 
energy,  discouraged  enterprise,  and  pro- 
scribed the  general  diffusion  of  knowledge, 
it  seems  a  most  appropriate  time  to  establish 
a  system  of  public  schools,  which,  in  the 
munificence  of  its  provisions,  the  compre- 
hensiveness of  its  objects,  shall  make  free 
Missouri  a  worthy  pattern  for  all  States  that 
would  carry  the  means  of  a  good  education 
to  the  door  of  every  inhabitant,  without  dis- 
tinction of  race,  of  color,  or  condition. 

The  plan  we  propose  contemplates  the; 
establishment  of  a  free  school  in  every  neigh- 
borhood where  a  sufficient  number  of  chil- 
dren can  be  found  to  compose  a  school,  in 
which  the  primary  branches  of  instruction 
—reading,  "writing,  spelling,  arithmetic, 
geography,  and  grammer — shall  be  taught, 
to  every  child  in  'the  State,  who  desires  orj 
needs  the  advantages  of  such  instruction. 

As  population  increases,  the  same  plan 
will  permit  the  establishment  of  schools  of  m 
higher  grade,  for  instruction  in  the  higher; 
branches  of  education.  Provision  is  aim 
made  for  the  establishment  of  a  State  MM 
versify,  which  will  furnish  all  the  advantages, 
of  the  most  liberal  course  of  instruction, 
with  departments  or  colleges,  which  may  b« 
located  at  different  points  within  the  State, 
in  which  special  instruction  shall  be  given  ii 
the  art  of  teaching,  also  in  agriculture,  ami 


197 


iii  the  natural  sciences,  especially  in  their 
application  to  the  development  of  the  extra-  j 
ordinary  agricultural  and  mineral  resources  j 
of  the  State. 

j   The  thorough   training   0f  professional  j 
[teachers,   thereby  securing  for  that  most  j 
honorable  and  important  calling,  the  rank  j 
;and  dignity  of  the  so-called  k -learned  and 
liberal  professions. 5 '  appears  to  be  the  first  I 
:step  towards  securing  the  complete  success  > 
of  any  system  of  popular  education.  Until 
this  is  effected,  we  shall  be  dependent  for  i 
most  of  our  teachers  upon  those  who.  how-  \ 
'ever  well  qualified  so  far  as  literary  attain-  | 
■Bents  are  concerned,  have  never  contem-  j 
jjplated  the  profession  of  a  teacher  as  thebusi-  j 
mess  of  life,  and  enter  upon  it  as  a  temporary  ! 
^expedient,  to  secure  the  means  for  attaining 
jsome  other  profession  or  position,  deemed 
■  more  honorable  or  desirable,  rather  than  as 
ja  position  of  usefulness  and  influence,  wor- 
thy the  noblest  energies  and  most  ardent 
[devotion  of  a  lifetime." 

I  A  system  which  depends  for  its  success 
[upon  the  efforts  of  those  who  have  no  per- 
unanent  interest  in  it,  labors  under  great! 
^disadvantages.  A  successful  teacher  must 
[be  not  only  well  trained  in  the  theory  of  his 
profession',  but  he  must  possess  an  enthusi-  ! 
astic  devotion  to  it.  and  that  entire  consecra- 
tion of  all  his  faculties  to  its  prosecution, 
which,  in  this,  as  in  all  other  professions, 
is  essential  to  success.  In  theology,  law 
land  medicine,  we  expect  a  professional  edu- 
cation, and  schools  are  endowed  for  special 
(instruction  upon  those  subjects. 
[  Why  should  not  the  teacher  be  prepared  for 
mis  most  important  work,  by  special  instruc- 
tion in  the  peculiar  duties  of  his  profession? 
f  The  departments  of  agriculture  and  the 
['natural  sciences,  will  have  a  most  important 
Shearing  upon  the  development  of  the  agri-  i 
i  cultural  and  mineral  resources  of  the  State. 
I  Whatever  prejudice  may  exist  against  what 
[is  called  "-book  farming, ' '  it  is  nevertheless 
[true  that  knowledge  and  intelligence  are  as 
[valuable  in  the  cultivation  of  the  soil  as  in  any 
jother  pursuit.  Scientific  research  has  not 
[only  developed  the  mode  whereby  two 
[blades  of  grass  can  be  made  to  grow  where 
[only  one  would  grow  before,  but  it  has  dis- 
[covered  the  means  whereby  the  exhausted 
soil  and  the  sterile  waste  might  be  reclaimed  j 
l  and  made  to  yield  abundant  harvests. 

As  Missouri  possesses  a  soil  and  climate 
(peculiarly  adapted  to  the  production  of  the 
■greatest  variety  and  abundance  of  fruits  and 
[grains,  and  especially  of  the  grape,  it  seems 
appropriate  that  we  should  establish,  at  the 
I !  earliest  practicable  moment,  a  department 
for  instruction  in  those  sciences  which  have 
ja  direct  bearing  upon  the  development  of  this 
■agricultural  wealth,  not  only  that  we  may 
j  secure,  the  greatest  return  for  the  labor  and 
.'  capital  i  n  vested ,  but  that  Ave  may  give  dignity 
land  importance  to  the  pursuits  of  the  hus- 
bandman, and  make  his  calling  what  it 
should  be,  the  most  independent  and  honor- 
able that  can  engage  the  attention  of  a  j 
!  freeman. 


What  science  can  do  for  agriculture,  it  can 
also  do,  perhaps  in  a  higher  degree,  in 
developing  and  reducing  to  practical  value, 
the  varied  and  exhaustless  mineral  resources 
of  the  State,  thereby  inviting  among  us 
capital,  labor  and  skill  from  other  countries, 
and  adding  to  the  wealth  and  attractiveness 
of  our  commonwealth . 

The  management  of  the  affairs  of  the 
public  schools  is  committed  to  a  board  of 
education,  composed  of  three  persons,  two 
of  whom  are  officers  of  the  State  Government, 
and  the  other  is  elected  for  the  express 
purpose  of  superintending  the  affairs  of  these 
schools.  This  officer  will  be  the  president 
of  the  board,  and  will  be  mainly  responsible 
to  the  public  for  the  success  of  the  system  of 
free  schools.  He  is  to  hold  his  office  for  four 
years,  being  two  years  longer  than  the  term 
of  other  State  officers.  Most  of  your  com- 
mittee deemed  it  proper  to  make  his  term  of 
office  four  years,  because  of  the  extended 
field  with  which  he  must  become  ultimately 
acquainted,  and  because  of  the  necessity  of 
securing  uniformity  and  a  general  harmony 
of  plan  in  the  schools  throughout  the  State*, 
to  insure  efficiency:  and  no  man.  in  the  short 
space  of  two  years,  could  expect  to  organize 
and  set  in  motion  so  extensive  a  system  of 
public  schools  as  our  plan  contemplates,  nor 
to  become  acquainted  with  its  workings  and 
necessities  after  it  was  organized.  Frequent 
changes  in  the  mode  of  instruction,  or  in  any 
of  the  general  arrangements  of  such  .schools, 
must  necessarily  be  detrimental,  and  should 
be  avoided. 

The  election  of  the  superintendent  is  left 
with  tiie  people.  Much  will  depend  upon 
the  character  and  qualifications  of  this  officer. 
He  should  be  a  man  not  only  of  thorough 
mental  culture  and  extensive  information, 
but  of  enlarged  and  liberal  views,  having 
some  proper  estimate  of  the  responsibility  of 
his  position,  and  the  magnitude  of  the  work 
entrusted  to  him.  The  training  of  the  chil- 
dren and  youth  of  a  free  commonwealth  is  a 
trust  of  no  ordinary  importance.  He  should 
be  able  to  secure  the  confidence  of  the 
individual  parent,  who  will  entrust  to  him 
his  most  valued  possessions  (his  children ),  at 
the  same  time  that  he  rightly  guards  the  best 
interests  of  the  State  at  large.  As  none  are 
more  deeply  interested  in  securing  a  compe- 
tent and  worthy  superintendent. than  those 
who  are  to  support  these  scnools.  and  be 
benefited  by  them,  it  seems  eminently  proper 
to  leave  the  selection  of  this  officer  to  the 
choice  of  the  people. 

Another  feature  of  our  plan  is  found  in  the 
attempt  to  secure  an  equal  distribution  of  all 
funds"  held  for  purposes  of  common  schools 
throughout  the  State.  Your  committee  con- 
sider that  it  would  be  very  advantageous  to 
the  cause  of  popular  education,  if  local  funds 
were,  as  far  as  possible,  merged  in  the  public 
school  fund  held  by  the  State":  but  as  this  can 
not  be  accomplished  without  infringing  upon 
vested  rights,  the  equalization  can  only  be 
secured  by  discriminating  in  favor  of  those 


198 


sections  of  the  State  which  have  no  public 
funds,  so  that  the  children  in  those  sections 
will  receive  an  amount  from  the  State  fund 
equal  to  the  amount  received  by  those  favored 
with  local  funds.  There  seems  to  be  a  pro- 
priety in  this  mode  of  distribution  which 
needs  no  argument  to  commend  it  to  all  the 
friends  of  equal  justice. 

The  removal  of  slavery,  as  one  of  the 
institutions  of  the  State,  and  the  consequent 
change  of  policy  toward  the  colored  race 
among  us,  has  imposed  upon  the  common- 
wealth the  duty  of  furnishing  to  this  hitherto 
oppressed  and  neglected  people  the  means  of 
education.  We  are  under  imperative  obliga- 
tions to  do  this,  from  a  sense  of  justice  to 
them,  and  from  a  regard  to  our  own  safety. 
One  of  the  deepest  wrongs  inflicted  upon  the 
African  race,  by  the  system  of  slavery,  was 
the  deprivation  of  all  means  of  education  and 
self-improvement.  So  long  as  the  State 
doomed  him  to  slaverv,  it  was  deemed 
essential  to  her  security  that  he  should  be 
kept  in  ignorance.  Intelligence  and  slavery 
could  not  long  exist  together.  But  since  he 
has  been  made  a  free  man,  it  is  equally 
essential  that  he  should  be  made  intelligent, 
Provision  has  therefore  been  made  for  an 
equal  participation  by  colored  children  in 
the  benefits  of  the  public  school  fund,  with 
the  whites.  The  only  distinction  between 
the  races,  found  in  the  article  we  submit,  is 
that  which  enables  the  General  Assembly  to 
establish  separate  schools  for  children  of 
color.  We  do  not  expect,  and  have  not 
sought,  to  obliterate  what  has  been  termed 
an  "antipathy  of  the  races,"  by  constitu- 
tional or  legislative  enactments. 

In  distributing  the  school  fund  we  have 
provided  that  only  those  who  actually 
receive  instruction  shall  be  entitled  to  it, 
and  then  just  in  proportion  to  the  length  of 
time  during  which  they  attend  the  public 
schools.  The  great  object  to  be  secured  is 
the  education  of  every  child  in  the  State  to 
that  extent  which  is  perhaps  most  generally 
understood  by  the  phrase,  *  'a  good  common 
school  education, ' '  while  a  higher  degree  of 
attainment  ought  to  be,  and  will  be,  pro- 
vided for  all  who  desire  it,  under  our  system , 
when  fully  organized.  Nothing  less  than 
this  would  deserve  the  name  of  popular 
education .  To  secure  at  least  this  degree  of 
mental  culture,  provision  is  made  for  requir- 
ing attendance  at  the  public  schools  of  all 
children  who  are  not  otherwise  instructed, 
during  such  a  period  of  time  as  will  enable 
each  child  to  acquire  the  rudiments  of  edu- 
cation. The  time  fixed  in  the  article  is  four 
years,  of  tour  months  each:  that  is,  each 
child,  not  incapacitated  by  mental  or  physi- 
cal infirmity ,  must  receive  at  least  sixteen 
months  instruction,  at  some  period  betwTeen 
the  ages  of  five  and  eighteen  years. 

We  suppose  the  instances  will  be  rare 
indeed  where  the  State  will  be  obliged  to 
compel  an  acceptance  of  its  munificent 
bounty,  in  providing  the  means  of  educa- 
tion for  all  the  children  and  youth  in  the 


State.  But  should  ignorance  or  cupiditj 
desire  to  withhold  from  any  child  the  advan- 
tages secured  by  this  liberal  provision  on  th( 
part  of  the  State,  the  law  should  provide  th< 
means  whereby  such  cruel  neglect  on  th< 
part  of  any  parent  or  guardian  could  be  pre 
vented. 

One  of  the  maxims  of  the  law,  as  rigidlj 
enforced  as  almost  any  other,  is  that  '  'ignor- 
ance of  the  law  furnishes  no  excuse"  for  itf 
violation .  Ample  provision  is  made  by  tin 
State  for  the  publication  of  the  laws,  bj 
which  the  people  are  to  regulate  their  con- 
duct. But  of  what  avail  are  such  provisions, 
unless  the  people  are  able  to  read?  As  wel 
might  the  enactments  of  the  General  Assem- 
bly" be  fastened  upon  lofty  pillars,  too  higl 
to  be  seen,  like  the  edicts  of  an  and  ere 
tyrant,  or  published  in  an  unknown  language 
as  to  be  printed  and  circulated  where  the 
advantages  of  education  had  never  been  en- 
joyed. If,  then,  the  State  would  insure  the 
success  of  her  efforts  to  make  every  on* 
acquainted  with  the  laws  of  the  land,  sM 
should  furnish  to  every  citizen  an  education 
which  will  enable  him  at  least  to  read  the 
Constitution  and  laws  under  which  he  lives. 

We  trust  the  day  is  not  far  distant  when 
the  curse  of  civil  strife  will  be  removed; 
when  those  wrho  have  so  gallantly  fought  the 
battles  of  freedom  will  be  able  to  '  'beat  their 
swords  into  ploughshares,  and  their  spears 
into  pruning  hooks,"  and  return  in  peace 
and  security  to  their  own  firesides. 

Among  the  earliest  indications  of  return- 
ing prosperity  let  them  see  the  school  house 
established  in  every  neighborhood,  and  the 
blessings  of  education  provided  for  their 
children,  as  a  pledge  of  a  grateful  common- 
wealth that  the  free  institutions  so  nobly 
defended  by  the  fathers  shall  be  secured  to 
their  descendants. 

We  have  thus  endeavored  to  set  forth,  in 
general  terms,  some  of  the  principles  of  the 
system  of  popular  education,  which  is  em- 
bodied in  the  article  herewith  submitted. 
We  ask  from  the  Convention  a  favorable 
consideration  of  the  merits  of  the  plan  pro- 
posed, believing,  as  wre  do,  that  the.  action 
of  this  Convention  upon  the  subject  of  pub- 
lic schools,  will  have  much  to  do  in  encour- 
aging desirable  emigration  to  our  State. 

A  careful  and  thrifty  husbandry  may  pour 
into  the  marts  of  commerce,  and  into  the 
granaries  of  every  inhabitant  of  the  State, 
abundant  productions  of  our  exuberant  soil; 
capital  and  skill  may  secure,  for  our  rich 
and  exhaustless  mines,  returns  of  untold 
wealth;  but,  after  all.  the  security  of  free 
institutions,  and  the  honor  and  glory  of  a 
free  commonwealth ,  will  be  found  only  in  an 
intelligent  and  virtuous  people. 

Geo.  P.  Strong,  CKn.  Eugene  Williams, 

I).  BONHAM,  E.  A.  HOLCOMB, 

Jer.  Williams,  B.  F.  Hughes, 

E.  G.  Evans,  Sam'l  A.  Gilbert, 

Philip  J.  Rohrer,  Geo.  K.  Budd, 
David  Henderson,  Committee, 

St.  LoUis,  March  29,  1865. 


199 


The  following  is  the  Article  accompanying 
said  report : 

ARTICLE  — . 

Education. 

Section  1.  A  general  diffusion  of  knowl- 
edge and  intelligence  being  essential  to  the 
preservation  of  the  rights  and  liberties  of  the 
people,  the  General  Assembly  shall  establish 
ind  maintain  free  schools,  for  the  gratuitous 
Instruction  of  all  persons  in  this  State. 
>petween  the  ages  of  five  and  eighteen  years  i 
,  Sec.  2.  Separate  schools  may'be  established 
or  children  of  African  descent.    All  funds 
Drovided  for  the  support  of  public  schools 
mall  be  appropriated  in  just  proportion  to 
I  !:lie  number  of  children  attending  the  public 
schools,  and  the  average  time  of  such  attend- 
tnce.  without  regard  to  color. 

Sec  3.  The  supervision  of  public  instruc- 
tion shall  be  vested  in  a  Board  of  Education, 
whose  powers  and  duties  shall  be  prescribed 
ay  law;  a  Superintendent  or'  Public  Schools, 
aTio  shall  be  the  president  of  the  board,  shall 
fee  elected  by  the  qualified  voters  of  the 
State:  he  shall  possess  the  qualifications  of  a  j 
State  Senator,  and  hold  his  office  for  the  term  \ 
pf  four  years;  he  shall  perform  such  duties  i 
md  receive  such  compensation  as  may  be  i 
prescribed  by  law.    The  Secretary  of  State  . 
md   Attorney  General  shall   be  ex-officio  \ 
members,   and.  with  the  superintendent,  J 
compose  said  board  of  education. 
|   Sec.  4.  The  General  Assembly  shall  also  j 
establish  and  maintain  a  State  University. 
Ifadth  departments  for  instruction  in  teaching,  ! 
in  agriculture,  and  in  natural  science,  as  soon  I 
as  the  public  school  fund  will  permit. 
|  Sec.  5.  The  proceeds  of  all  lands  that 
aave  been,  or  hereafter  maybe,  granted  by 
Che  United  States  to  this' State,  and  not 
otherwise  appropriated  by  the  United  States; 
;ilso,  all  moneys,  stocks.'  bonds,  lands,  and  j 
jother  property,  now  belonging  to  any  fund 
for  purposes  of  education;  also,  the  net  pro- 
jceeds  of  all  sales  of  lands,  and  other  property  : 
and  effects,  that  may  accrue  to  the  State  by  i 
'escheat,  or  from  sales  of  estrays,  or  from  : 
unclaimed  dividends .  or  distributive  shares  j 
of  the  estates  of  deceased  persons,  or  from  ! 
ifines,  penalties  and  forfeitures;  also,  any 
''proceeds  of  the  sales  of  the  public  lands,  j 
which  may  have  been,  or  hereafter  maybe, 
paid  over'  to  this  State  (if  Congress'  will 
'consent  to  such  appropriation);  also,  all 
iother  grants,  gifts,  or  devises,  that  have; 
:been,  or  hereafter  may  be,  made  to  this  j 
State,  and  not  otherwise  appropriated  by  the 
perms  of  the  grant,  vlfi.  or  devise,  shall  be  j 
securely  invested  and  sacredly  preserved  as  a  j 
public  school  fund,  the  annual  income  of: 
which  fund,  together  with  so  much  of  the  S 
|ordinary  revenue  of  the  State  as  may  be  I 
jnecessary,  shall  be  faithfully  appropriated  j 
jfor  establishing  and  maintaining  the  free  ! 
schools  and  the  university  in  this  article 
'provided  for,  and  for  no  other  uses  or  pur-  I 
poses  whatsoever. 

Sec.  6.  No  part  of  the  public  school  fund 
shall  ever  be  invested  in  the  stock  or  bonds.  1 


or  other  obligations  of  any  State,  or  of  any 
county,  city ,  town,  or  corporation.  The 
stock  of  the  Bank  of  the  State  of  Missouri, 
now  held  for  school  purposes,  and  all  other 
stocks  belonging  to  any  school  or  university 
fund,  shall  be  sold  in  such  manner  and  at 
such  time  as  the  General  Assembly  shall 
prescribe;  and  the  proceeds  thereof,  also, 
the  proceeds  of  the  sales  of  any  lands  or  other 
property,  which  may  now.'  or  hereafter, 
belong  to  said  school  fund,  may  be  invested 
in  the  bonds  of  the  United  States,  bearing 
not  less  than  six  per  centum  interest  per 
annum;  and  may  also  be  loaned  upon  good 
and  sufficient  unincumbered  real  estate 
security . 

Sec' 7.  Xo  township  or  school  district 
shall  receive  any  portion  of  the  public  school 
fund,  unless  a  free  school  shall  have  been 
kept  therein  for  not  less  than  four  months 
during  the  year  for  which  distribution  thereof 
is  made.  The  General  Assembly  shall  have 
power  to  require,  bylaw,  that  every  child, 
of  sufficient  mental  and  pln~sical  'ability, 
shall  attend  the  public  schools  during  the 
period  between  the  ages  of  five  and  eighteen 
years,  for  a  term  equivalent  to  six  months, 
(unless  educated  by  other  means.) 

Sec  8.  The  General  Assembly  shall,  as 
far  as  it  can  be  done  without  infringing  upon 
vested  rights,  reduce  all  lands,  moneys,  and 
other  property,  used  or  held  for 'school 
purposes,  in  the  various  counties  of  this 
State,  into  the  public  school  fund  herein 
provided  for;  and  in  making  distribution  of 
the  annual  income  of  said  fund,  shall  take 
into  consideration  the  amount  of  any  county 
or  city  funds,  appropriated  for  common 
schooi'purposes.  and  make  such  distribution 
as  will  equalize  the  amount  appropriated  for 
common  schools  throughout  the  State. 

On  motion  of  Mr.  Williams  of  Caldwell, 
the  report  was  received,  and  two  thousand 
copies  thereof  ordered  to  be  printed  in 
pamphlet  form  for  the  use  of  the  members, 
and,  also,  the  usual  number  of  the  accom- 
panying Article. 

By  request  of  Mr.  Husmaxx,  he  was 
excused  for  being  absent  yesterday,  on 
account  of  special  business. 

On  request  of  Mr.  Switzlee,  he  was 
excused  for  being  absent  yesterdaj'  after- 
noon, on  account  of  sickness. 

The  article  on  the  Right  of  Suffrage  was 
taken  up. 

Mr.  Bush  offered  the  following  amend- 
ment: 

Amend  section  three,  by  striking  out  in 
third  line  the  words  k  'has  ever, ' '  and  insert 
in  lieu  thereof  the  words  '"since  the  17th 
day  of  December,  1861,  has. 5 ' 

Mr.  Drake  moved  to  lay  the  amendment 
of  Mr.  Bush  on  the  table,  and  demanded 


200 


the  ayes  and  noes  thereon,  and  the  vote 
being  taken ,  stood  as  follows : 

Ayes — Messrs.  Adams,  Barr,  Bonham, 
Budd,  Bunce,  Childress,  Clover,  Davis  of 
Nodaway,  Dodson,  Drake,  Ellis,  Evans, 
Filley,  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Henderson,  Holcomb, 
Holland,  Hume,  King,  Leonard,  McKernan, 
McPherson,  Rankin,  St.  Gem,  Smith  of 
Mercer,  Smith  of  Worth.  Strong,  Sutton, 
Swearingen,  Williams  of  Caldwell,  and  Wil- 
liams of  Scotland — 34. 

Noes— Messrs.  Budford,  Bush,  D'Oench, 
Esther,  Gilbert  of  Piatt,  Husmann,  Linton, 
Meyer,  Rohrer,  Switzler,  and  Mr.  Presi- 
dent—11. 

Absent  with  Leave— Messrs.  Fletcher, 
Foster,  Holdsworth,  Hughes,  Martin,  New- 
gent,  Nixclorf,  and  Thilenius— 8. 

Absent  without  Leave — Messrs.  Davis 
of  New  Madrid,  Gilstrap,  Grammer,  Green, 
Morton,  Owens,  and  Weatherby — 7. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Strong  offered  the  following: 

Every  person  who  shall  not  have  become 
a  qualified  voter  in  this  State,  prior  to  the 
first  day  of  January,  one  thousand  eight 
hundred  and  seventy,  shall,  in  addition  to 
the  other  qualifications  required,  be  able  to 
read  and  write,  before  he  shall  be  deemed  a 
qualified  voter. 

Mr.  Bcsh  offered  the  following  amendment 
thereto,  which  was  accepted  by  Mr.  Strong: 

Amend  the  amendment  by  adding  thereto 
the  following  words :  ' k Excepting  only  those 
who  are  prevented,  by  a  physical  disability, 
from  complying  with  this  requisition . ' ' 

Mr.  Drake  offered  the  following  substi- 
tute for  Mr.  Strong's  amendment: 

After  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  seventy-six,  every 
person  who  was  not  a  qualified  voter  prior  to 
that  time,  shall,  in  addition  to  the  other 
qualifications  required,  be  able  to  read  and 
write,  in  order  to  become  a  qualified  voter; 
unless  his  inability  to  read  or  write  shall  be 
the  result  of  a  physical  disability. 

Mr.  Strong  accepted  the  amendment  pro- 
posed by  Mr.  Drake. 

Mr.  Gilbert  of  Platte  asked  leave  of  ab- 
sence for  Mr.  Morton  for  ten  days,  which 
was  granted. 

On  motion  of  Mr.  Bonham,  the  Conven- 
tion adjourned  until  half-past  2  o'clock  P.M. 

AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjourn- 
ment, the  President  in  the  chair. 
The  new  section,  as  offered  by  Mr  Strong, 


as  amended  by  Mr.  Drake  and  accepted  by 
Mr.  Strong,  was  called  up. 

Mr.  Williams  of  Caldwell  moved  to  lay! 
the  proposition  on  the  table. 

Mr.  Drake  moved  a  call  of  the  house,! 
which  was  sustained,  and  on  calling  the  roll 
the  following  members  responded  to  their 
names : 

Messrs.  Adams,  Bonham,  Budd,  Bunn, 
Childress,  Clover,  Davis  of  Nodaway,  Docl- 
son,  D'Oench,  Drake,  Esther,  Evans,' Folms- 
bee, Fulkerson,  Gamble,  Gilbert  of  Law-, 
rence,  Gilbert  of  Platte,  Green,  Henderson,! 
Holcomb,  Holland,  Hume,  Husmann,  King, 
Leonard,  Linton,  McKernan,  McPherson, 
Smith  of  Mercer,' Smith  of  Worth,  Strong,! 
Sutton,  Swearingen,  Williams  of  Caldwell, 
Williams  of  Scotland,  and  Mr.  President 
—37. 

Absent  with  Leave — Messrs.  Fletcher, 
Foster,  Holdsworth,  Hughes,  Martin,  Mor- 
ton, Newgent,  St.  Gem,  and  Thilenius — 9. 

Absent  without  Leave — Messrs.  Barr, 
Bedford,  Bush,  Davis  of  New  Madrid,  Ellis, 
Filley,  Gilstrap,  Grammer,  Meyer,  Nixdorf, 
Owens,  Rankin,  and  Weatherby— 13. 

Sick — Messrs.  Cowden,  Mack,  Mitehell, 
Peck,  and  Switzler — 5. 

On  motion  of  Mr.  Davis  of  Nodaway 
further  proceedings  under  the  call  wTere  dis- 
pensed with. 

The  question  then  being  on  the  motion  o! 
Mr.  Williams  of  Caldwell,  to  lay  the  new 
section  offered  by  Mr.  Strong,  and  amended 
by  Mr.  Drake,  on  the  table,  Mi-.  Draks 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken  stood  as  follows : 

Ayes — Messrs.  Adams,  Bonham,  Bunce, 
Childress.  Davis  of  Nodaway,  Dodson, 
Esther,  Fulkerson,  Gilbert  of  Lawrence^ 
Green,  Holcomb,  Hume,  Leonard,  Sutton, 
Swearingen,  and  Williams  of  Caldwell — 16. 

Noes — Messrs.  Budd,  Clover,  D'Oench. 
Drake,  Evans,  Folmsbee,  Gamble,  Gilbert 
of  Platte,  Henderson,  Holland,  Husmann, 
King.  Linton,  McKernan,  McPherson,  Ran- 
kin, Rohrer,  Smith  of  Mercer,  Smith  oi 
Worth,  Strong,  Williams  of  Scotland,  and 
Mr.  President— 22. 

Absent  with  Leave — Messrs.  Fletcher, 
Foster,  Holdsworth,  Hughes,  Martin.  Mor- 
ton, Newgent,  St.  Gem,  and  Thilenius — 9. 

Absent  without  Leave — Messrs.  Barr, 
Bedford,  Bush,  Davis  of  New  Madrid,  Ellis, 
Filley,  Gilstrap,  Grammer,  Meyer,  Nixclorf. 
Oweiis,  Switzler,  and  Weatherby — 13. 

Sick— Messrs .  Cowden ,  Mack ,  Mitchell , 
and  Peck — 4. 

So  the  motion  to  lay  on  the  table  was 
rejected. 

Mr.  Drake  moved  a  call  of  the  house,: 
which  was  sustained.    The  call  being  made. 


201 


;:he  following  members  responded  to  their 
names : 

j  Messrs.  Adams,  Barr,  Bonham,  Biidd, 
Bunce,  Childress,  Clover,  Davis  of  Noda- 
way.  Dodson,  D'Oench,  Drake,  Esther, 
Evans,  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Gilbert  of  Platte,  Green, 
Henderson.  Holcomb.  Holland,  Hume,  Hus- 
mann, King,  Leonard,  Linton,  McKernan, 
McPherson,  Meyer,  Rankin,  Rohrer.  Smith 
qf  Mercer,  Smith  of  Worth ,  Strong,  Sutton, 
Swearingen ,  Williams  of  Caldwell,' and  Mr. 
ft  President— 39. 

]  Absent  with  Leave — Messrs.  Fletcher, 
;  Foster.  Holdsworth,  Hughes,  Martin,  Mor- 
^ton,  Newgent,  and  Thilenius— 8. 

I  Absent  without  Lkave  -Messrs."  Bed- 
ford, Bush,  Davis  of  New  Madrid.  Ellis, 

iFilley,  Gilstrap,  Grammer.  Nixdorf,  Owens, 
JiSt.  Gem,  Weatherbv.  and  Williams  of  Scot- 
land—12. 

1  Sick— Messrs.  Cowden,  Mack,  Mitchell, 
'  Peck,  and  Switzler — 5. 

Mr.  Bush  reported  himself  under  arrest; 
{•grated  lie  thought  the  debate  was  still  going 
Jon,  was  the  reason  he  was  delayed.  On  mo- 
jjtion  of  Mr.  Clover,  he  was  excused. 
||  Mr .  St  .  Gem  reported  himself  under  arrest, 
and  stated  that  he  had  been  detained  by  his 

■  military  office.  On  motion  of  Mr.  Folms- 
Jbee,  he  was  excused. 

'>  On  motion,  further  proceedings  under  the 
j-call  were  dispensed  with. 

The  pending  amendment,  offered  by  Mr. 

Drake,  to  the  article  on  Rights  of  Suffrage, 
:  was  taken  up. 

:  Mr.  Barr  offered  the  following  amend- 
ment to  the  amendment: 

I  Amend  by  striking  out  "one  thousand 
|  eight  hundred  and  seventy-six, ' '  and  insert 
\  ijrig  in  lieu  thereof  4  'one  thousand  nine  hun- 
dred; "  and  add,  after  the  words  "read  and 
■write,"  "the  Hebrew  language,  and  own 
two  thousand  dollars'  worth  of  property  in 
.  real  estate. ' ' 

I    On  motion  of  Mr.  King,  the  amendment 

■  to  the  amendment  was  laid  on  the  table. 

Mr.  Drake  moved  the  previous  question, 
!  which  was  sustained. 

The  question  being  on  the  adoption  of  Mr. 
I  Drake's  amendment,  he  demanded  the  ayes 
f  and  noes,  and  the  vote  being  taken,  stood  as 
i  follows: 

1;  Ayes  — Messrs.  Budd,  Bush,  Clover, 
D'Oench,  Drake,  Evans,  Folmsbee,  Gam- 
'ble.  Gilbert  of  Platte,  Henderson,  Holcomb, 
I  Holland,  Husmann,  King,  Linton,  McKer- 
■ ! nan,  McPherson,  Meyer,  Rohrer,  Smith  of 
fiercer.  Smith  of  Worth,  Strong,  and  Mr. 
President— 23. 

Noes — Messrs.  Barr,  Bonliam,  Childress, 
!  Davis  of  Nodaway.  Dodson,  Esther,  Fletcher, 


Fulkerson.  Gilbert  of  Lawrence,  Green, 
Hume,  Leonard,  St.  Gem,  Sutton,  Swear- 
ingen, Williams  of  Caldwell,  and  Williams 
of  Scotland — 17. 

Absent  with  Leave  —  Messrs.  Foster, 
Holdsworth,  Hughes,  Martin,  Morton,  New- 
gent,  and  Thilenius — 7. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Filley,  Gilstrap,  Grammer,  Nixdorf,  Owens, 
Rankin,  and  Weatherby — 12. 

Sick— Messrs.  Cowden,  Mack,  Mitchell, 
Peck,  and  Switzler — 5. 

So  the  amendment  was  adopted. 

Mr.  Bush  offered  the  following  amend" 

ment : 

Amend  section  eighteenth  by  inserting  in 
first  line,  after  the  words  w  'United  States, ' ' 
the  following:  k<and  every  male  person  of 
foreign  birth,  who  may  have  declared  his 
intention  to  become  a  citizen  of  the  United 
States,  according  to  law,  at  least  six  months 
before  he  offers  to  vote,  who  is.  " 

Mr.  Drake  moved  to  lay  the  amendment 
on  the  table;  and  on  this  motion  Mr.  Bon- 
ham  demanded  the  ayes  and  noes .  The  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Budd,  Bunce,  Childress, 
Davis  of  Nodaway,  Drake,  Evans,  Fulkerson, 
Gamble,  Henderson,  Hume,  McKernan, 
McPherson,  Rankin,  Smith  of  Worth, 
Strong,  Sutton,  and  Williams  of  Scot- 
land— 17. 

Noes — Messrs.  Barr,  Bonham.  Bush, 
Clover,  Dodson,  D'Oench,  Folmsbee,  Gil- 
bert of  Lawrence,  Gilbert  of  Platte,  Green, 
Holcomb,  Holland.  Husmann,  King,  Leon- 
ard, Linton,  Meyer.  Rohrer,  St.  Gem, 
Smith  of  Mercer,'  Swearingen,  Switzler, 
Williams  of  Caldwell,  and  Mr." President — 24. 

xIbsent  with  Leave — Messrs.  Foster, 
Holdsworth,  Hughes,  Martin,  Morton, 
Newgent,  and  Thilenius— 7. 

Absent  without  Leave— Messrs .  Adams , 
Bedford,  Davis  of  Hew  Madrid,  Ellis,  Esther, 
Filley,  Fletcher,  Gilstrap,  Grammer.  Nixdorf, 
Owens,  and  Weatherby — 12. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  motion  to  lay  on  the  table  was 
rejected. 

Mr.  Bush  then  modified  his  amendment  by 
striking  out  the  word  "six,"  and  inserting 
in  lieu  thereof  the  word  k  'twelve. ' ' 

The  question  then  being  on  the  amendment 
of  Mr.  Bush,  as  so  modified,  Mr.  Bonham 
demanded  the  ayes  and  noes;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Bonham,  Budd,  Bush, 
Clover,  Davis  of  Nodaway,  Dodson,  D'Oench, 
Drake,  Fulkerson,  Gilbert  of  Lawrence, 
Gilbert  of  Platte.  Henderson,  Holcomb, 
Holland,  Husmann,  King,  Leonard,  Linton, 
Meyer,    Rohrer,    St.   Gem,  Swearingen, 


202 


Williams  of  Caldwell ,  and  Mr.  President— 24. 

Noes — Messrs.  Bunce,  Childress,  Evans, 
Folmsbee,  Gamble,  Hume,  McPherson, 
Rankin,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Switzler,  and  Williams  of 
Scotland— 14. 

Absent  with  Leave — Messrs.  Foster, 
Holds  worth,  Hughes,  Martin,  Morton, 
Newgent,  and  Thilenius— 7. 

Absent  without  Leave — Messrs.  Adams, 
Barr,  Bedford,  Davis  of  New  Madrid,  Ellis, 
Esther,  Fdley,  Fletcher,  Gilstrap,  Grammer, 
Green,  McKernan,  Nixdorf,  Owens,  and 
Weatherby — 15. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  amendment  was  adopted . 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted:^ 

Amend  section  eighteenth,  line  first,  by 
inserting,  after  the  word  "years,"  the 
words  '"'who  is. " 

Mr.  Folmsbee  offered  the  following 
amendment: 

Amend  section  ninth,  in  line  sixth,  by 
adding,  after  the  word  '•marriages,"  the 
following:  4 'or  perform  any  other  duties 
officiallyincumbent  on  them,  as  such. ' ' 

Mr.  Davis  of  Nodaway  moved  the  previous 
question,  which  was  sustained. 

The  question  being  on  the  adoption  of  Mr. 
Foluisbee's  amendment,  Mr.  Smith  of  Worth 
demanded  the  ayes  and  noes  thereon,  and 
the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Childress,  Davis 
of  Nodaway,  Dodson,  Evans,  Folmsbee, 
Gilbert  of  Lawrence,  Holcomb,  Holland, 
Hume,  Leonard,  Rankin,  St.  Gem,  Smith  of 
Mercer,  Smith  of  Worth,  Strong.  Williams 
of  Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 19. 

Noes — Messrs.  Barr,  Budd,  Bush,  Clover, 
D'Oench,  Drake,  Fulkerson,  Gamble,  Gil- 
bert of  Platte,  Henderson,  Husmann,  King, 
Linton,  McKernan,  McPherson,  Meyer, 
Rohrer,  Swearingen,  and  Switzler — 19. 

Absent  with   Leave — Messrs.  Foster, 
Holds  worth.  Hughes,  Martin,  Morton,  New-* 
gent,  and  Thilenius — 7. 

Absent  without  Leave— Messrs,  Adams, 
Bedford,  Bunce,  Davis  of  New  Madrid,  Ellis, 
Esther,  Filley,  Fletcher,  Gilstrap,  Gram- 
mer, Green,  Nixdorf,  Owens,  Sutton,  and 
Weatherby — 15. 

Sick— Cowden,  Mack,  Mitchell,  Peck— 4. 

So  the  amendment  was  not  adopted . 

Mr.  Strong  offered  the  following  amend- 
ment to  section  eighteenth: 

Amend  by  striking  out  the  words  "at 
least  twelve^ months,  "  and  insert  the  words 
'  'not  less  than  one  year,  nor  more  than  five 
years. ' ' 

Mr.  Gilbert  of  Lawrence  moved  the  pre- 
vious question, which  was  sustained, 


The  question  then  being  on  adopting 
Mr.  Strong's  amendment  to  section  eigh- 
teen, Mr.  Bonham  demanded  the  ayes  and 
noes,  and  the  vote  being  taken  stood  as  fol- 
lows: 

Ayes — Messrs.  Barr,  Budd,  Bunce,  Chil- 
dress, Drake,  Folmsbee,  Fulkerson,  Gam- 
ble, Gilbert  of  Platte,  Henderson,  Holcomb, 
Hume,  Leonard,  McKernan,  McPherson, 
Rankin,  Smith  of  Mercer,  Smith  of  Worth, 
Strong,  Sutton,  Swearingen,  Switzler,  Wil- 
liams of  Caldwell,  and  Williams  of  Scotland 
—24. 

Noes — Messrs.  Bonham,  Bush,  Clover, 
Davis  of  Nodaway,  Dodson,  D'Oench, 
Evans,  Gilbert  of  Lawrence,  Holland,  Hus- 
mann, King,  Linton,  Meyer,  Rohrer,  St. 
Gem,  and  Mr.  President — 16. 

Absent  with  Leave — Messrs.  Foster, 
Holds  worth.  Hughes,  Martin,  Morton,  New- 
gent, and  Thilenius — 7. 

Absent  without  Leave — Adams,  Bed- 
ford, Davis  of  New  Madrid,  Ellis,  Esther, 
Filley,  Fletcher,  Gilstrap,  Grammer,  Green, 
Nixdorf,  Owens  and  W eatherb}-— 13 . 

Sick— Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck — 4. 

So  the  amendment  was  adopted. 

Mr.  Gilbert  of  Platte  offered  the  follow- 
ing amendment: 

Amend  section  five  by  striking  out  all  after 
the  word  '  'voter' '  in  the  fifth  line. 

Mr.  Drake  moved  to  lay  the  amendment 
on  the  table . 

On  this  motion  Mr.  Gilbert  of  Platte 
demanded  the  ayes  and  noes,  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Clover,  Davis  of  Noda- 
way, Dodson,  Drake,  Folmsbee,  Fulkerson, 
Gilbert  of  Lawrence,  Henderson,  Holland, 
Hume,  King,  Leonard,  McKernan,  McPher- 
son, Rankin,  St.  Gem,  Smith  of  Mercer, 
Smith  of  Worth,  Strong,  Sutton,  Swearin- 
gen, and  Williams  of  Caldwell — 27. 

Noes — Messrs.  Bush,  Gamble,  Gilbert  of 
Platte,  Holcomb,  Husmann,  Linton,  Rohrer, 
Williams  of  Scotland,  and  Mr.  President — 9. 

Absent  with  Leave — Messrs.  Foster, 
Holdsworth,  Hughes,  Martin,  Morton,  New- 
gent, and  Thilenius— 7. 

Absent  without  Leave — Messrs.  Adams, 
Budford,  Davis  of  New  Madrid,  D'Oench, 
Ellis,  Esther.  Evans,  Filley,  Fletcher,  Gil- 
strap, Grammer,  Green,  Meyer,  Nixdorf, 
Owens,  Switzler,  and  Thiler.eus— 17. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
and  Peck— 4. 

So  the  amendment  was  laid  on  the  table. 

Mr.  Bonham  moved  that  the  article  on 
Right  of  Suffrage  be  engrossed  for  a  third 
reading,  and  on  that  motion  demanded  the 
previous  question,  which  was  sustained. 

The  question  then  being  on  the  motion  to 


203 


engross  the  article  on  the  Sight  of  Suffrage, 
Mr.  Bonham  demanded  the  ayes  and  noes 
thereon,  and  the  vote  being  taken,  stood  as 
follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bnnce.  Bush,  Childress,  Clover,  Davis  ot 
Nodaway,  Dodson,  Drake,  Evans,  Folms- 
bee,  Fnikerson.  Gamble,  Gilbert  of  Law- 
rence, Henderson.  Hume,  Husmann,  King, 
Leonard.  McKernan,  McPherson,  Rankin, 
Smith  of  Worth,  Strong,  Sutton,  Swearin- 
gen,  Williams  of  Caldwell,  and  Mr.  Presi- 
dent— 29. 

Noes— Messrs.  Gilbert  of  Platte.  Holcomb, 
Holland.  Linton.  Rohrer,  St.  Gem,  Smith 
of  Mercer,  and  Williams  of  Scotland — 8. 

Absent  with  Leave  —  Messrs.  Foster, 
Holdsworth,  Hughes,  Martin.  Morton,  New- 
gent,  and  Thilenius — 7. 

Absent  without  Leave — Messrs .  Adams, 


Bedford,  Davis  of  New  Madrid,  D'Oench, 
Ellis,   Esther,  Filley,  Fletcher,  Gilstrap, 
i  Grammer,  Green.  Meyer,  Nixdorf,  Owens, 
Switzler,  and  Weatherby — 16. 

Sick — Messrs.  Cowden,  Mack,  Mitchell, 
j  and  Peck— 4. 

So  the  motion  was  adopted,  and  the  article 
ordered  to  be  engrossed. 

Mr.  King  offered  the  following  proposi- 
tion : 

Amend  section  four  of  rule  forty -four,  by 
I  striking  our,  the  words  '  '■elected  to  the  Con- 
jvention,"  and  insert  in  lieu  thereof  the 
j  word  '  'present. ' ' 

Which  was  read  and  laid  over  under  the 
;  rule . 

On  motion  of  Mr.  Davis  of  Nodaway,  the 
|  Convention  adjourned  until  9  o ' clock  to-mor- 
1  row  morning. 


SIXTY-NINTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  proposition  ot  Mr.  King,  to  amend 
section  four,  of  the  forty-fourth  standing 
!rule ,  was  called  up . 

Mr.  Smith  of  Worth  offered  the  following 
resolution : 

!  Resolved,  That  the  title  of  the  proposed 
amendment  to  the  Constitution  shall  be: 
"•King's'  Constitution  ot  4  Drake,'  " 
[that  it  be  bound  in  morocco  or  "Duck." 
j ' 1  Owen ' '  to  "  Holcomb ' '  and  ' '  Hughes ' ' 
neglect  it  has  become  weak,  hollow  and 
taint :  therefore  it  should  be  "Bush"-ed 
by  "  Lint-on,  "  and  run  through  the 
4  'Barr's, ' '  in  order  that  it  may  graze  upon 
'the  "Green"  "Budd's"  of  "Clover," 
until  it  has  become  ' '  Strong. '  *  Thus  •  'Fos- 
ter' '-ed  with  sweet  '  'Williams' '  and  decor- 
ated with  "St.  Gems,"  "Gilstrap,"  and 
p  'Husmann'  *  and  "Switzler, ' '  can  not  sink 
it  into  the  '  'Meyer, ' '  while  it  is  k  'Krekel' '  - 
ing  about,  "  'Harris" -ing  the  people.  Al- 
though neglected  by  "Gilbert"  and  all 
Holland.  "  this  "New-gent"  is  perfectly 
safe  in  the  hands  of  ' 4  Bonham  ' '  and 
'"Mack,"  let  the  ' 4 Weather-by"  what  it 
may.  As  4 'Gamble "-ing  is  the  game  to 
pass  bills  through  this  body,  let  the  '  'Rohr- 
er" loose,  and  all  hands  pitch  in,  without 
"Swearing-en"  be  governed  by  the  rules 
laid  in  the  down  of  4 '"Drake's"  manual. 
I  The  President  ruled  the  proposition  of 
Mr.  Smith  as  out  of  order. 
!  Mr.  Drake  moved  the  previous  question, 
which  was  sustained. 


THURSDAY,  March  30th,  1S65. 

The  cpiestion  then  being  on  the  adoption 
of  Mr.  King's  proposition  to  amend  section 
four  of  the  forty-fourth  standing  rule.  Mr. 
Drake  demanded  the  ayes  and  noes,  and  the 
vote  being  taken,  stood  as  follows : 

Ayes  —  Messrs.  Adams,  Barr,  Bonham, 
Budd.  Bunce,  Childress,  Clover,  Davis  of 
Nodaway,  Dodson,  Drake,  Esther,  Filley, 
Folrnsbee,  Fulkerson,  Gamble.  Gilbert  of 
Lawrence,  Henderson,  Hume,  King.  Leon- 
ard, McKernan,  McPherson,  Mack,  Rankin, 
Smith  of  Mercer,  Strong,  Sutton,  Swearin- 
gen,  and  Weatherby — 29. 

Noes— Messrs.  Bedford.  Bush,  D'Oench. 
Ellis,  Evans,  Gilbert  of  Platte,  Gilstrap, 
Green,  Holcomb,  Holland,  Husmann,  Lin- 
ton, Meyer,  Rohrer.  St.  Gem,  Smith  of 
Worth,  Switzler.  Williams  of  Caldwell,  and 
Mr.  President— 19. 

Absent  with  Leave — Messrs.  Fletcher, 
Foster.  Holdsworth,  Hughes,  Martin,  Mor- 
ton, Newgent,  and  Thilenius — 8. 

Absent  without  Leave — Messrs.  Davis 
of  New  Madrid,  Grammer,  Nixdorf,  Owens, 
and  Williams  of  Scotland— 5. 

Sick — Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

So  the  proposition  of  Mr.  King  was 
adopted. 

Mr.  Husmann  asked  leave  of  absence  for 
ten  days. 

Objections  being  made  to  giving  such 
leave,  Mr.  Bonham  demanded  the  ayes  and 
noes  thereon,  and  the  vote  being  taken, 
stood  as  follows : 


204 


Ayes  — Messrs.  Adams,  Barr,  Bedford, 
Budd,  Bunce,  Bush,  Childress,  Clover,  Da- 
vis of  Nodaway,  Dodson,  D'Oench,  Drake, 
Ellis.  Esther,  Filley,  Fulkersoh.  Gamble, 
Gilbert  of  Lawrence,  Gilbert  of  Platte,  Gil- 
strap,  Green,  Henderson ,  Holcomb ,  Holland, 
Hume,  King,  Leonard,  Linton,  McPherson, 
Mack,  Meyer,  Rankin,  Rohrer.  St.  Gem, 
Smith  of  Mercer,  Smith  of  Worth,  Sutton, 
Swearingen,  Switzler,  Weatherby,  Williams 
of  Caldwell,  and  Mr.  President— 42. 

Noes —  Messrs.  Bonbam,  Evans,  and 
Strong — 3. 

Absent  with  Leave — Messrs.  Fletcher, 
Foster,  Holds  worth,  Hughes,  Martin,  Mor- 
ton. Newgent,  and  Thilenius— 8. 

Absent  without  Leave — Messrs.  Davis 
of  New  Madrid,  Folmsbee.  Grammer,  Mc- 
Kernan,  Nixdorf,  Owens,  and  Williams  of 
Scotland— 7 

Sick  —  Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

Excused  from  Voting — Mr.  Husmann— 1. 

So  leave  of  absence  was  granted  Mr.  Hus- 
mann, as  asked  for. 

On  request  of  Mr.  D'Oench,  leave  of 
absence  was  granted  him  for  this  afternoon. 

On  request  of  Mr.  Evans,  leave  of  ab- 
sence was  granted  him  for  ten  days  from  to- 
morrow. 

On  motion  of  Mr.  Budd,  the  pending  arti- 
cle on  State  Indebtedness  was  taken  up . 

Mr.  Gilstrap  called  up  the  substitute 
offered  by  bim  for  said  article. 

On  motion  of  Mr.  Drake,  the  Convention 
adjourned  until  halt-past  2  o'clock  P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

By  request  of  Mr.  Williams  of  Caldwell, 
Messrs .  Barr  and  Ellis  were  granted  leave  of 
absence  for  this  afternoon,  on  account  of 
transacting  business  with  the  Committee  on 
Militia. 

Mr.  Drake  offered  the  following  as  the 
ordaining  clause  of  the  Constitution,  which 
was  read  the  first  and  second  time: 

We,  the  people  of  the.  State  of  Missouri, 
grateful  to  Almighty  God,  the  Sovereign 
Ruler  of  nations,  for  our  State  Government, 
our  liberties,  and  our  connection  with  the 
American  Union,  and  acknowledging  our 
dependence  upon  Him  for  the  continuance  of 
those  blessings  to  us  and  our  posterity,  do, 
for  the  more  certain  security  thereof,  and  for 
the  better  government  of  this  State,  ordain 
and  establish  this  revised  and  amended 
Constitution. 

Mr.  Drake  moved  a  suspension  of  the 
rules  governing  the  Convention,  and  that  the 


proposition  be  considered  engrossed,  be  read 
a  third  time,  and  put  on  its  final  passage; 
which  was  agreed  to. 

The  proposition  was  then  read  a  third  time 
and  adopted,  and  referred  to  the  Revising 
Committee. 

On  motion  of  Mr.  Budd,  the  article  on 
State  Indebtedness,  with  the  substitute 
offered  therefor  by  Mr.  Gilstrap,  was  taken 
up. 

Mr.  Drake  moved  that  the  ten-minute 
rule  be  suspended  for  the  benefit  of  Mr.  Bush. 

Mr.  Linton  moved  the  entire  suspension 
of  the  ten-minute  rule  governing  this 
Convention . 

Mr.  Williams  of  Caldwell  moved  to  amend 
the  motion  of  Mr.  Linton  by  suspending  the 
ten-minute  rule  during  the  consideration  of 
the  pending  question. 

After  debate,  the  motion  of  Mr.  Drake, 
with  the  pending  motion  ot  Mr.  Linton,  and 
the  amendment  thereto  by  Mr.  Williams  of 
Caldwell,  were  withdrawn ; 

Mr.  Krekel  moved  to  strike  out  the  third 
section  of  the  substitute;  and  after  debate, 
withdrew  his  motion. 

Mr.  Holland  moved  to  refer  the  article  on 
Finance,  together  with  the  substitute  of  Mr. 
Gilstrap,  back  to  the  Committee  on  Finance, 
with  instruction  to  report,  by  ordinance  or 
otherwise,  on  the  subject  of  State  indebt- 
edness. 

Mr.  Williams  of  Caldwell  moved  as  a 
substitute,  that  the  report  of  the  Finance 
Committee,  together  with  the  substitute,  bej 
referred  to  a  committee  of  nine ,  composed  of 
one  from  each  congressional  district. 

After  debate,  Mr.  Williams  of  Caldwell 
withdrew  his  motion. 

Mr.  Bush  asked  leave  of  absence  for  him- 
self for  two  days,  which  wras  granted. 

Mr.  Budd  asked  leave  of  absence  for  to- 
morrow, which  was  granted. 

The  motion  of  Mr.  Holland,  to  refer  the 
report  of  State  indebtedness,  with  the  sub- 
stitute therefor,  back  to  the  Committee  on 
Finance,  was  adopted. 

On  motion  of  Mr.  Davis  of  Nodaway,! 
Mr.  Gilstrap  was  added  to  the  Committee  on 
Finance. 

Mr.  Gilbert  of  Platte  asked  leave  of  ab-h 
sence  for  one  week,  which  was  granted. 

On  motion  of  Mr.  St.  Gem,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow 
morning. 


205 


SEVENTIETH  DAY. 


FRIDAY,  March  31st,  1S65. 


Convention  met  pursuant  to  adjournment, 
|:he  President  in  the  chair. 

Mr.  Boxham  ottered  the  following  resolu- 
tion, which  was  adopted: 

il  Resolved,  That  two  copies  of  the  Constitu- 
tion shall  be  enrolled,  and  when  the  Consti- 
tution shall  have  been  finally  adopted  by  the 
|iConveution,  each  of  said  copies  shall  be 
.authenticated  by  the  signatures  of  the  Presi- 
dent, the  Secretaries,  and  the  members 
present,  in  the  following  order,  to-wit:  1st. 
jthe  President;  2d,  the" Vice  President;  3d. 
the  members,  in  alphabetical  order;  and  4th. 
jthe  attestation  of  the  Secretary  and  Assistant 
■Secretary:  and  each  member  shall  write, 
gopposite  his  name,  that  of  the  county  ot  his 
[residence;  and  when  the  said  copies  are  so 
[authenticated,  the  Secretary  shall  immedi- 
ately deposit  one  in  the  office  of  the  Secre- 
tary of  State,  and  the  other,  in  the  office  of 
Be  clerk  of  the  Supreme  Court,  in  the  city  of 
fet.  Louis,  taking  receipts  therefor. 

t  Mr.  Drake,  Chairman  of  the  Revising 
[Committee,  submitted  the  following  report: 

i  Mr.  President:  The  Revising  Commit- 
itee,  to  whom  was  referred  the  ordaining 
[clause  of  the  Constitution,  beg  leave  to 
[report  the  same  back  without  amendment. 

CD.  DRAKE,  Chairman. 

Mr.  Drake  moved  that  the  article  denoni- 
nated  the  ordaining  ordinance,  be  enrolled 
is  part  of  the  Constitution. 

Mr.  Williams  of  Scotland  made  the  fol- 
lowing motion: 

Strike  out  the  words  li Almighty  God,'" 
wherever  they  occur  in  the  Constitution,  and 
insert  the  words  *  'German  citizens. ' ' 

Which  was  declared  out  of  order. 
Mr.  Buxce  demanded  the  previous  ques- 
tion, which  was  sustained  by  the  Conven- 
tion. 

The  question  being  on  the  adoption  of  the 
ordaining  clause,  the  ayes  and  noes  were  de- 
manded by  Mr.  Swttzler;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes  — Messrs.  Adams,  Barr  Bonham, 
Bunee,  Childress.  Clover,  Davis  of  Noda- 
way.  Dodson,  Drake,  Esther,  Evans,  Folms- 
beeVj&Fulkerson.  Gamble,  Henderson,  Hol- 
|jcomb,  Holland.  Hume,  King,  Leonard, 
■McKernan,  McPherson,  Mack.  Rankin. 
Smith  of  Mercer,  Smith  of  Worth.  Strong, 
'Sutton.  Swearino-en,  Switzler,  Weatherbv. 
Williams  of  Caldwell,  and  Williams  of  Scot- 
land— 33 . 


I  Xoes— Messrs.  Bedford,  D'Oench,  Hus- 
|  maim.  Linton.  Meyer,  Rohrer,  St.  Gem.  and 
I  Mr.  President— 8." 

Arsext  with  Leave  —  Messrs.  Budd. 
;  Bush.  Foster.  Gilbert  of  Platte,  Holdsworth. 
'Hughes,  Martin. .  Morton,  Newgent,  and 
;  Thilenius — 10. 

Absent  without  Leave — Messrs.  Davis 
of  .New  Madrid,  Ellis.  Filley,  Fletcher,  Gil- 
!  strap.  Grammer,  Green/  Nixdorf,  and 
!  Owens — 9. 

Sick — Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

Excused — Mr.  Gilbert  of  Lawrence — 1. 

So  the  article  was  adopted,  and,  under  the 
rule,  ordered  to  be  referred  to  the  Enrolling 
Committee . 

On  request  of  Mr.  St.  Gem,  leave  of  ab- 
sence was  granted  him  for  one  week. 

Mr.  Drake  offered  the  following  article  on 
Miscellaneous  Provisions,  which  was  read 
the  first  and  second  time,  and,  on  his  motion, 
referred  to  the  Committee  on  Miscellaneous 
Provisions : 

article  — . 
Miscellaneous  Provisions . 

SectioxI.  The  General  Assembly  of  the 
State  shall  never  interfere  with  the  primary 
I  disposal  of  the  soil  by  the  United  States, 
!  nor  with  any  regulation  which  Congress 
may  find  necessary  for  securino-  the  title  in 
such  soil  to  the  bona  fide  purchasers.  No 
tax  shall  be  imposed  on  lands  the  property 
of  the  United  States;  nor  shall  lands  belong- 
ing to  persons  residing  out  of  the  limits  of 
this  State  ever  be  taxed  at  a  higher  rate  than 
the  lands  belonging  to  persons  residing 
within  the  State. 

Sec.  2.  The  State  shall  have  concurrent 
jurisdiction  on  the  river  Mississippi,  and  on 
eveiy  other  river  bordering  on  the  said  State, 
so  far  as  the  said  river  shall  form  a  common 
boundary  to  this  State  and  any  other  State 
which  may  be  bounded  thereby;  and  the 
said  river' Mississippi,  and  the  navigable 
rivers  and  waters  leading  into  the  same, 
whether  bordering  on  or  within  this  State, 
shall  be  common  highways,  and  forever  free 
to  the  citizens  of  this  State,  and  of  the  United 
States,  without  any  tax,  duty,  import,  or 
toll  therefor,  imposed  by  the  State. 

Sec.  3.  All  statute  laws  of  this  State,  now 
in  force,  not  inconsistent  with  this  Constitu- 
tion, shall  continue  in  force  until  they  shall 
expire  by  their  own  limitation,  or  be  amended 
or  repealed  by  the  General  Assembly;  and 
all  writs,  prosecutions,  actions,  and  causes 
of  action,  except  as  herein  otherwise  pro- 
vided, shall  continue:  and  all  indictments 


206 


which  shall  have  been  found,  or  may  here- 
after be  found,  for  any  crime  or  offense, 
committed  before  this"  Constitution  takes 
effect,  may  be  proceeded  upon  as  if  no 
change  had  taken  place,  except  as  hereinaf- 
ter specified. 

Sec.  4.  No  person  shall  be  prosecuted  in 
any  civil  action  or  criminal  proceeding1  for, 
or  on  account  of,  any  act  by  him  done,  per- 
formed, or  executed,  after  the  first  day  of 
January,  one  thousand  eight  hundred  and 
sixty-one.  by  virtue  of  military  authority, 
vested  in  him  by  the  government  of  the 
United  States,  or  that  of  this  State,  to  do 
such  act,  or  in  pursuance  of  orders  received 
by  him  from  any  person  vested  with  such 
authority;  and  if  any  action,  or  proceeding, 
should  have  heretofore  been,  or  shall  hereafter 
be,  instituted  against  any  person  for  the 
doing  of  any  such  act,  the  defendant  may 
plead  this  section  in  bar  thereof. 

Sec.  5.  No  person,  who  shall  hereafter 
fight  a  duel,  or  assist  in  the  same  as  a  second, 
or  send,  accept,  or  knowingly  carry,  a 
challenge  therefor,  or  agree  to  go  out  of  this 
State  to  light  a  duel,  shall  hold  any  office  in 
this  State. 

Sec.  6.  No  money  shall  be  drawn  from  the 
treasury  but  in  consequence  of  appropriations 
made  by  law;  and  an  account  of  the  receipts 
and  expenditures  of  the  public  money  shall 
be  annually  published. 

Sec.  7.  No  person  holding  an  office  ot 
profit  under  the  United  States,  shall,  during 
his  continuance  in  such  office,  hold  any  office 
of  profit  under  this  State. 

Sec.  8.  In  the  absence  of  any  contrary 
provision,  all  officers,  now  or  hereafter 
elected  or  appointed,  shall  hold  office  during 
their  official  term,  and  until  their  successors 
shall  be  duly  elected  or  appointed,  and 
quaified. 

'Mr.  Linton  offered  the  following  resolu- 
tion : 

Resolved,  That  we,  the  people  of  the  State 
of  Missouri,  are  grateful  to  Almighty  God, 
the  Sovereign  Ruler  of  nations,  for  our  State 
government,  our  liberties,  and  our  connec- 
tion with  the  American  Union,  and  acknowl- 
edge our  dependence  upon  Him  for  the 
continuance  of  those  blessings  to  us  and  our 
posterity. 

Mr.  Smith  of  Mercer  moved  the  previous 
question,  which  was  sustained. 

Mr.  Drake  moved  to  postpone  the  resolu- 
tion indefinitely,  and  demanded  the  ayes  and 
noes  thereon;  and  the  vote  being  taken, 
stood  as  follows : 

Ayes  —  Messrs.  Barr,  Bonham,  Bunce, 
Childress,  Davis  of  Nodaway,  Dodson, 
Drake,  Esther,  Evans,  Folmsbee,  Fulker- 
son,  Gilbert  of  Lawrence,  Henderson, 
Holland,  Hume,  Leonard,  McPherson, 
Mack,  Rankin,  Smith  of  Mercer,  Smith  of 
Worth,  Strong,  Sutton,  Swearingen,  and 
Williams  of  Scotland— 25. 


Noes — Messrs.  Adams,  Clover,  D'Oeneh, 
Gamble,  Gilstrap,  Holcomb,  Husmann, 
King,  Linton,  McKernan,  Meyer,  Rohrer, 
St.  Gem,  Switzler,  Weatherby,  and  Mr. 
President — 16. 

Absent  with  Leave  —  Messrs.  Budd. 
Bush,  Foster,  Gilbert  of  Platte,  Holdsworth, 
Hughes,  Martin,  Morton,  Newgent,  and 
Thuenius— 10. 

Absent  without  Leave — Messrs.  Bed- 
ford, Davis  of  New  Madrid,  Ellis \  Filley, 
Fletcher.  Grammer,  Green,  Nixdorf,  Owens, 
and  Williams  of  Caldwell— 10. 

Sick— Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

So  the  resolution  was  indefinitely  post- 
poned. 

On  motion  of  Mr.  Davis  of  Nodaway,  the 
article  on  Education  was  taken  up. 

On  request  of  Mr.  Meyer,  Chairman  of 
the  Committee  on  Accounts,  he  was  allowed 
to  procure  the  printing  of  one  hundred  and 
fifty  blank  warrants,  so  as  to  enable  him  to 
make  his  final  settlement  with  the  members, 
officers,  etc.,  of  this  Convention. 

Mr.  Childress  offered  the  following 
amendment  to  the  article  on  Education, 
which  was  adopted: 

Strike  out  the  word  "eighteen,"  in  fifth 
line  of  first  section,  and  insert  in  lieu  thereof 
the  wTords  '  'twenty-one. ' ' 

Mr.  Smith  of  Mercer  offered  the  following 
amendment: 

Amend  the  second  section  by  striking  out, 
in  the  first  line,  the  word  '  'may, ' '  and  in- 
sert in  lieu  thereof  the  word  '  'shall. ' ' 

Mr.  Clover  demanded  the  previous  ques- 
tion, which  was  sustained. 

The  question  then  being  on  adopting  the 
amendment  of  Mr.  Smith  of  Mercer,  Mr. 
St.  Gem  demanded  the  ayes  and  noes  thereon, 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Dodson,  Gamble,  Gilstrap, 
Rohrer,  Smith  of  Mercer,  Swearingen,  Switz- 
ler, and  Williams  of  Scotland — 8. 

Noes — Messrs.  Adams,  Bedford,  Bon- 
ham, Childress,  Clover,  Davis  of  Nodaway, 
D'Oeneh,  Drake,  Esther,  Evans,  Folmsbee, 
Fulkerson,  Gilbert  of  Lawrence,  Henderson, 
Holcomb,  Holland,  Hume,  Husmann,  King, 
Leonard,  Linton,  McKernan,  McPherson, 
Mack,  Meyer,  Rankin,  St.  Gem,  Smith  of 
Worth,  Strong,  Sutton,  Weatherby,  and 
Williams  of  Caldwell — 32. 

Absent  with  Leave  —  Messrs.  Budd, 
Bush,  Foster,  Gilbert  of  Platte,  Holdsworth, 
Hughes,  Martin,  Morton,  Newgent,  and 
Thilenius— 10. 

Absent  without  Leave  —  Messrs.  Barr, 
Bunce,  Davis  of  New  Madrid,  Ellis,  Filley, 


20T 


Fletcher,  Grammer,  Green,  Nixdorf,  Owens, 
and  Mr.  President— 11. 

i  Sick  —  Messrs.  Cowden,  Mitchell,  and 
iPeck— 3. 

So  the  amendment  was  rejected. 
|  Mr.  Switzler  offered  the  following  as  a 
new  section : 

i  Sec.  — .  All  moneys,  including  principal 
and  interest,  arising  from  the  sales,  which 
have  been  or  hereafter  may  be  made,  of  any 
land  granted  by  the  United  States  to  this 
State  for  the  use  of  a  seminary  of  learning, 
and  the  proceeds  of  such  land  remaining  un- 
sold, and  all  donations  which  may  hereafter 
be  made  for  that  purpose,  shall  be  and 
remain  legally  inviolate,  and  be  appropriated 
t"o  the  seminary  of  learning  (established  for 
the  promotion  of  literature  and  the  arts  and 
sciences,  by  an  act  of  the  General  Assembly 
M  this  State,  approved  February  11.  1839)', 
by  the  name  of  "The  Curators  of  the  Uni- 
versity of  the  State  of  Missouri. ' 3  said  semi- 
nary being  permanently  located  in  the  town 
m  Columbia,  and  county  of  Boone. 

On  motion  of  Mr.  Gilbert  of  Lawrence, 
[the  Convention  adjourned  until  half-past  2 
o'clock  P.M. 


AFTERNOON  SESSION. 


nan.  McPherson,  Mack,  Meyer,  Rankin, 
Eohrer.  Smith  of  Mercer,  Smith  of  Worth, 
Strong.  Sutton,  Weatherby,  Williams  of 
Scotland,  and  Mr.  President — 35. 

Absent  with  Leave  —  Messrs.  Budd. 
Bush,  Evans,  Foster.  Gilbert  of  Platte, 
Holdsworth,  Hughes,  Martin,  Morton,  New- 
gent,  St.  Gem,  and  Thilenius — 12. 

Absent  without  Leave — Messrs.  Barr, 
Davis  of  New  Madrid.  D'Oench,  Ellis,  Fil- 
ler, Fletcher,  Grammer,  King,  Nixdorf, 
Owens,  and  Williams  of  Caldwell — 11. 

Sick  —  Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

So  the  new  section  was  rejected. 

Mr.  Switzler  offered  the  following  amend- 
ment : 


Strike 
annum. ' 


out  all  after  the  words  "per 
?  in  the  tenth  line  of  section  sixth. 


Mr.  Krekel  offered  the  following  as  a 
|  substitute  for  the  amendment  of  Mr.  Switzler, 
j  which  was  adopted : 

Amend  section  sixth,  line  eighth,  as 
|  follows:  Strike  out  the  word  "said,"  and 
|  insert  the  words  "the  State.-'  Amend 
sixth  section,  tenth  line,  by  striking  out  the. 
words  "may  also,''  and 'insert  the  words 
'  'all  county  school  funds  shall. ' '  Strike  out 
the  word  "security,"'  in  the  eleventh  line, 
and  add  at  the  end'of  the  section  the  words 
•  -  with  additional  personal  security. ' ' 

On  motion,  the  substitute  was  adopted. 
Mr.    Husmann    offered    the  following 
amendment,  wmich  was  rejected: 
Amend  by  striking  out  section  four. 

Mr,  Holland  offered  the  following  amend- 
ment, vdiich  was  adopted: 


Convention  met  pursuant  to  adjournment, 
She  President  in  the  chair. 

i 

Mi'.  Drake  offered  the  following  resolu-  1 
:ion : 

Resolved,  That  the  following  title  be  pre-  ! 
fixed  to  the  Constitution,  to-wit:  "Consti- ! 
tution  of  the  State  of  Missouri,  as  revised,  j 
amended,  and  adopted  in  Convention,  be-  j 
.  gun  and  held  at  the  city  of  St.  Louis,  on  the 
iBth  day  of  January ,  one  thousand  eight  ■ 
hundred  and  sixty-five. ' 1 

Which  was  read  the  first  and  second  time,  j 
and,  on  motion  of  Mr.  Drake,  the  rules! 
•  were  suspended,   the  article  read  a  third  ! 
time,  adopted,  and  referred  to  the  Revising  J 

Committee.  Uvord  "just,"  in  the  third  line -/also,  all 

•|  The  pending  question,  being  the  new  sec-  !  between  the  word  '  'children. ' '  in  third  line, 

and  the  word  "without, ' '  in  the  fourth  line. 

Mr.  Smith  of  Worth  offered  the  following 
amendment: 


Amend  by  striking  out  the  words  '  'bearing 
not  less  than  six  per  centum  interest  per 
annum,"  in  ninth  and  tenth  lines,  section 
sixth. 

Mr.  Holcomb  offered  the  following  amend- 
ment, which  was  adopted: 
Amend  section  second  by  striking  out  the 


Ition  offered  by  Mr.  Switzler  to  the  article  on 
Education,  was  called  up,  and  the  question 
being  on  the  adoption  of  the  section,  Mr. 
Davis  of  Nodaway  demanded  the  ayes  and 
Inoes  thereon,  and  the  vote  being  taken, 
[(Stood  as  follows: 

Ayes — Messrs.  Gilstrap,  Swearingen,  and 
Switzler— 3. 

I  Noes — Messrs.  Adams,  Bedford,  Bonham, 
Bunce,  Childress,  Clover,  Davis  of  Noda- 
way, Dodson,  Drake,  Esther,  Folmsbee, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence. 
Green,  Henderson,  Holcomb,  Holland, 
Hume,  Husmann,  Leonard,  Linton,  McKer- 


Strike  out  the  first  clause  of  section  seventh, 
down  to  the  word  4  'the, ' '  in  the  fourth  line. 

Mr.  Krekel  offered  the  following  as  a 
substitute  for  the  amendment  of  Mr.  Smith 
of  Worth : 

and  insert 


Strike  out  the  word  '  'four, 
'  'three' '  in  lieu  thereof. 

Mr.  Weatherby  offered  the 
resolution : 


following 


■ 

208 


Resolved,  Tlrat  the  Convention  will  here- 
after hold  night  sessions, 
half-past  7  o'clock. 


Which  was  laid  over  under  the  rules. 
On  request  of  Mr.  Husmann,  he 


was 


relieved  from  further  duty  on  the  Engrossing 
Committee. 

On  motion  of  Mr.  Gilstrap,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow 
morning1; 


SEVENTY-FIRST  DAT. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Folmsbee  presented  a  petition  from 
P.  T.  Kenney,  asking'  the  Convention  to 
pass  an  ordinance  enabling  persons  suffering; 
loss  from  stock  killed  on  the  Hannibal  and 
St.  Joseph  railroad,  to  prosecute  their 
claims  before  a  local  justice  of  the  peace, 
and  making  process  served  on  the  nearest 
agent  of  said  railroad  company,  sufficient 
notice  to  the  company,  to  bring  the  party 
into  court;  also,  praying  that  said  railroad 
company  may  be  required  to  fence  in  its 
road.  The  petition  was  read  for  informa- 
tion and  laid  on  the  table. 

Mr.  Barr,  Chairman  of  the  Military  Com- 
mittee, presented  the  following  report,  with 
an  accompanying  ordinance: 

Mn.  President  :  Your  committee,  to 
whom  was  referred  the  ordinance  respecting 
the  organization  of  the  Missouri  militia, 
have  had  the  same  under  consideration,  and 
beg  leave  to  offer  the  following  new  ordi- 
nance, and  respectfully  recommend  its  adop- 
tion. A.  J.  BARB, 

Chairman  of  Committee. 

AN    ORDINANCE  FOR  THE   ORGANIZATION  AND 
GOVERNMENT  OF  THE  MISSOURI  MILITIA. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  in  Convention  assembled,  as  fol- 
lows : 

Section  1.  All  able-bodied  male  inhabi- 
tants of  the  State  of  Missouri  shall  be  liable 
to  military  duty  under  this  ordinance,  except 
as  is  hereinafter  provided,  and,  when  organ- 
ized, shall  constitute  and  be  known  and 
designated  as  the  •  'Missouri  Militia. ' ' 

Sec.  2.  Persons  over  the  age  ot  forty-five 
years,  and  under  the  age  of  eighteen  years; 
United  States  mail  carriers,  when  actually 
employed  as  such;  United  States  and  State 
officers;  one  miller  to  each  public  mill,  and 
an  engineer  for  the  same,  when  actually  em- 
ployed in  said  capacity;  teachers  of  public 
schools;  ministers  of"  the  gospel;  regular 
practicing  physicians  and  railroad  employes, 
shall  be  exempt  from  duty  in  the  militia,  and 


SATURDAY,  April  1st,  1865. 

shall  be  entitled  to  and  receive  from  the  en- 
rolling officer  a  certificate  to  that  effect,  on 
producing  to  said  enrolling  officer  satis- 
factory evidence  of  their  respective  avoca- 
tions or  employments. 

Sec.  3.  There  shall  be  an  enrolling  officer 
for  each  county,  with  the  rank  of  a  lieutenant, 
appointed  by  the  commanding  officer  of  each 
sub-district,  whose  duty  it  shall  be  to  enroll 
all  persons  in  said  county,  liable  to  do  mili- 
tary duty,  once  in  each  year. 

Sec.  4.  The  militia,  as  soon  as  enrolled, 
shall  be  organized  into  platoons,  companies, 
regiments  and  brigades.  A  platoon  shall  be 
composed  of  not  less  than  thirty-four  nor 
more  than  fifty  privates,  two  sergeants,  four 
corporals,  and  one  lieutenant.  "A  company 
shall  consist  of  the  number  of  men.  commis- 
sioned and  non-commissioned  officers,  pre- 
scribed by  the  revised  regulations  of  the 
army  of  "the  United  States.  A  regiment 
shall  consist  of  eight  companies  or" more, 
with  the  number  of  field  and  staff  officers 
prescribed  by  army  regulations,  for  the 
particular  branch  of  service  to  which  it  may 
be  asssigned.  A  brigade  shall  consist  of 
three  or  more  regiments. 

Sec.  5.  Platoons  and  companies,  as  soon' 
as  organized,  shall  elect  their  own  officers, 
who  shall,  before  being  commissioned  by 
the  Governor,  take  and  subscribe  the  oath 
prescribed  in  article  — ,  section  — ,  of  the 
Constitution  of  the  State  of  Missouri. 

Sec.  6.  The  Governor  shall  nominate,  and 
by  and  with  the  advice  and  consent  of  the 
Senate  appoint,  two  brigadier  generals,  and 
as  many  colonels,  lieutenant  colonels  and 
majors,  as  may  be  necessary  for  properly 
disciplining  and"  governing  the  force  organ- 
ized under  this  ordinance:  Provided,  however, 
That  the  officers  and  men  thus  commissioned 
and  organized  shall  not  be  entitled  to  nor  re- 
ceive any  pay,  rations  or  emoluments,  when 
not  in  actual  service. 

Sec  .  7 .  The  part  of  the  State  north  of  the 
Missouri  river,  shall  be  known  as  the  4  'First; 
Military  District. ' '  and  the  part  of  the  State 
south  of  said  river  shall  be  known  as  the 
'  'Second  Military  District;""  which  shall  be 
divided  into  such  sub-districts  as,  in  the 
judgment  of  the  commander-in-chief,  the 
good  of  the  service  may  require. 

Sec.  8.  The  staff  of  general  officers  shall 
be  the  same  as  for  the  time  may  be  prescribed 


209 


by  regulations  of  the  United  States  army, 
or  orders  of  the  War  Department,  governing 
appointments  of  officers  of  the  same  grade  iu 
the  United  States  service,  all  of  whom  shall 
be  detailed  from  the  line  of  the  command  of 
the  officer  to  whose  staff  they  are  attached. 

Sec.  9.  The  staff  of  the  commander-in- 
chief  shall  be:  an  adjutant  general,  with  the 
rank  and  pay  of  colonel  of  cavalry:  a  quar- 
termaster general .  an  inspector  general,  and 
a  commissary  general,  each  with  the  rank 
and  pay  of  a  colonel  of  cavalry;  a  paymaster 
general,  with  the  rank  and  pay  of  lieutenant 
colonel  of  infantry;  a  surgeon  general,  witli 
the  rank  and  pay  of  colonel  of  infantry;  a 
judge  advocate  general,  with  the  rank  and 
pay  of  lieutenant  colonel  of  infantry;  three 
aides-de-camp,  with  the  rank  and  pay  of 
major  of  infantry.  He  may  detail,  from  the 
line  and  held  officers  of  any  regiment,  such 
officers  as  he  may  deem  proper',  and  assign 
them  to  duty  on  his  staff. 

Sec.  10.  It  shall  he  lawful  for  the  com- 
niahucr-in-ehief  to  call  into  service  such 
platoons,  companies,  or  regiments,  as  the 
safety  and  peace  of  the  State  may  require, 
and  'to  issue  such  instructions  as  may  he 
necessary  to  insure  strict  discipline  and 
familiarity  in  drill . 

Sec.  11.  The  publication  of  the  proclama- 
tion of  his  excellency  the  Governor  shall 
be  deemed  sufficient 'notice  to  all  persons 
subject  to  military  duty  to  report  to  their 
commanding  officers  for  active 


respective 
service. 

Sec.  12. 
reo-ulation 


The  articles  of  war  and  army 
,  as  published  by  authority  of  the 
War  Department  of  the  United  States,  shall 
be  observed  by  the  Missouri  militia  in  every 

*  particular  not  otherwise  provided  by  this 
ordinance:  and  the  manner  of  drill  -hall  be 
such  as  is  prescribed  in  the  tactics  adopted 

■by  the  United  States  army . 
|   Sec.  13.  Whenever  the  militia,   or  any 
part  of  it.  is  called  into  service,  the  inspec- 
tor general,  or  his  assistants,  shall  muster 
such  force  into  the  service  on  the  rolls  of  the 

1  platoon,  one  of  which  rolls  shall  be  retained 
by  the  commanding  officer  of  the  platoon,  one 
copy  shall  be  returned  to  the  adjutant  general 
of  the  State,  and  one  copy  to  the  district 
headquarters.    He  shall  administer,  to  each 

;  platoon  separately,    the   following  oath  : 

•  ''You.  and  each  of  you.  do  solemnly  swear 
that  you  will  support,  protect  and  defend 

'  the  United  States  and  the  State  of  Missouri, 
and  the  constitution  and  laws  thereof  against 

;  all  their  enemies;  that  you  will  assist  in 
enforcing  the  laws,  and  will  obey  all  lawful 
orders  of  the  officers  having  authority  to 

1  command  you  whilst  in  the  service;  so  help 

jjyou  God."  And  any  person,  subject  to 
military  duty,  who  shall  refuse  to  take  said 

"-Ibath,  shall  "be  considered  and  treated  as  a 

t  prisoner  of  war. 

Sec.  14.  The  physician,  or  surgeon,  who 
shall  be  appointed  by  the  surgeon  general  to 
•xamine  persons  claiming  exemption,  shall 
give  to  every  person  exempted  by  him 
i  certificate,  and  shall  return,  to  the  office 


of  the  adjutant  of  the  district,  within  live 
day  s  after  the  close  of  each  of  his  sittings  for 
that  purpose,  a  complete  list  of  all  persons 
so  exempted.  The  physician,  or  surgeon, 
so  employed,  shall  receive  the  pay  of  a  major 
of  infantry  while  actually  engaged  in  such 
service. 

Sec.  15.  Any  physician,  or  surgeon,  au- 
thorized by  the  provisions  of  this  ordinance 
to  issue  certificates  of  exemption,  who  shall 
fraudulently  issue  any  such  certificates,  shall 
be  liable  to*  a  fine  of  not  less  than  five  hun- 
dred dollars,  to  be  recovered  by  indictment 
before  the  circuit  court  of  the  proper  county, 
except  St.  Louis  county,  where  the  indict- 
ment shall  be  before  the  criminal  court. 

Sec.  1(3.  Every  person  who  neglects  or 
refuses  to  enroll  himself  shall  pay  the  sum 
of  twenty  dollars,  to  be  levied  upon  his 
goods  and  chattels,  by  order  of  the  com- 
manding officer  of  the'  district,  and  may  be 
imprisoned,  or  put  at  hard  labor,  by  said 
officer,  until  said  fine  is  paid,  and  shall  then 
be  enrolled  and  assigned  to  such  platoon  or 
company  as  the  commanding  officer  of  the 
district  may  direct  ;  and  any  persou 
duly  enrolled,  and  liable  to  militia  ser- 
vice, who  shall  refuse  or  neglect  to  perform 
such  service,  shall  pay  a  fine  of  five  dollars 
per  day  for  every  day  he  fails  to  render 
such  service,  after  having  been  thereto 
required  by  his  officers:  and  in  addition 
thereto,  such  delinquent  shall  be  subject  to 
arrest,  trial  and  punishment,  within  the  dis- 
cretion of  a  court  martial;  and  nothing  in 
this  section  shall  be  construed  to  exempt  any 
man  from  military  service . 

Sec.  17.  The  commanding  officer  of  each 
platoon  or  company  shall  certify  to  the  com- 
manding officer  of  the  battalion  to  which  he 
is  attached,  a  list  of  all  persons  liable  to  fine 
under  the  provisions  of  this  ordinance,  with 
the  number  of  days  each  person  has  neg- 
lected or  refused  to  do  duty,  which  list  shall 
be.  by  the  commanding  officer  of  the  bat- 
talion', certified  to  the  clerk  of  the  circuit 
court  of  the  county,  ten  days  before  the  ne>  t 
term  of  the  said' court,  who  shall  place  a 
copy  of  said  list  in  a  conspicuous  place  in  his 
office,  at  least  five  days  before  the  first  day 
of  the  term . 

Sec.  18.  It  shall  be  lawful  for  the  circuit 
court  to  render  a  judgment  and  award  an 
execution  against  each  person  named  in  said 
lists  for  the  sum  due  by  him,  and  costs, 
which  shall  be  collected  as  other  fines.  The 
sheriff  of  the  county  may  collect  all  sums  due 
in  said  lists  before  "judgment,  and  shall  pay 
over  the  same  to  the  State  treasury,  to  the 
credit  of  the  Union  military  fund.  He  shall 
certify  to  the  commanding  officer  of  the 
district  the  names  of  all  persons  who  tail  to 
pay  the  amount  stated  against  them  in  said 
lists,  or  who  have  no  pfopertj-  whereof  to 
levy  such  execution.  And  the  commanding 
officer  of  the  district  shall  arrest  and  put  at 
labor  the  persons  mentioned  iu  the  last-named 
lists,  until  the  amounts  due  by  them  are 
paid.  And  it  shall  be  the  duty  of  the  circuit 
attorney  of  the  proper  county  to  prosecute 


210 


all  such  matters  as  shall  come  before  the  said 
court  by  virtue  of  this  section. 

Sec.  19.  The  sum  of  fifty  cents  per  day 
shall  be  reckoned  to  every  person  put  at  labor 
under  the  provisions  of  this  ordinance,  until 
the  tine  or  penalty  due  by  him  is  fully  paid. 

Sec.  20.  The  uniform  of  the  Missouri 
militia  shall  be  the  same  as  prescribed  by 
the  United  States  army  regulations  for  the 
army  of  the  United  States,  until  otherwise 
ordered  by  the  commander-in-chief. 

Sec.  21.  All  officers,  when  on  duty,  shall 
wear  the  uniform  of  their  rank,  and  no 
pei-son,  not  in  the  military  service  of  the 
State  or  the  United  States,  shall  wear  any 
insignia  of  rank,  or  any  part  of  uniform, 
under  a  penalty  of  twenty  dollars  for  every 
Offense,  to  be  recovered  by  suit  and  summary 
trial  before  any  justice  of  the  peace. 

Sec.  22.  The  pay  of  the  militia  shall  be  the 
same,  for  officers  and  men,  as  allowed  for 
the  same  by  the  United  States  to  officers  and 
soldiers,  and  fifty  cents  for  each  day's 
service  of  his  horse,  when  he  is  mounted. 

Sec.  23.  All  taxes  levied  and  collected  for 
military  purposes,  and  all  fines  imposed 
upon  militiamen  by  this  ordinance;  all 
proceeds  of  the  sale  of  contraband  or  cap- 
tured property,  seized  or  captured  by  the 
militia,  and  all  other  appropriations'  and 
levies  made  for  the  benefit  of  the  militia, 
shall  likewise  be  paid  into  the  treasury,  to 
the  credit  of  the  Union  military  fund.  Out 
of  such  fund  shall  be  paid,  first,  all  sums 
now  due  the  enrolled  Missouri  militia  for 
services  rendered,  and  Union  military  bonds 
now  outstanding  or  hereafter  issued;  and 
second,  all  expenses  incurred  according  to 
law  and  audited  by  the  proper  officers,  and 
appropriations  for  military  purposes,  as 
other  claims  against  the  State. 

Sec.  24.  The  Governor  of  the  State  shall 
lay  before  the  General  Assembly,  at  each 
regular  session  thereof,  a  report  of  the 
moneys  expended  for  militia  purposes,  and 
an  estimate  of  the  funds  necessary  for  support 
of  the  militia  for  the  next  two  years. 

Sec.  25.  The  commander-in-chief  may 
assign  to  duty  as  paymasters,  such  officers  as 
may  to  him  seem  proper — not  exceeding  four 
in  number — with  the  rank  and  pay  of  majors 
of  infantry  ,  and  require  them,  before  entering 
upon  the  discharge  of  the  duties  of  their 
office,  to  execute  a  bond,  in  a  sum  and  with 
such  securities  as  he  shall  order,  conditioned 
for  the  faithful  performance  of  their  duty. 

Sec.  26.  Any  officer,  civil  or  military, 
who  may  refuse  to  account  for  and  pay  over, 
according  to  law,  any  moneys  or  property 
coming  to  his  hands,  belonging  to  the  militia 
fund,  shall,  upon  conviction  thereof,  in  the 
circuit  or  criminal  court,  on  indictment,  be 
sentenced  to  imprisonment  in  the  penitentiary 
for  a  term  of  not  less  than  five  nor  more  than 
ten  years. 

Sec  .  27 .  Courts  martial  shall  be  constituted 
and  shall  proceed  in  all  cases,  and  be  gov- 
erned by  the  laws  and  regulations,  as  are 
prescribed  for  the  United  States  army. 


Sec.  28.  The  General  Assembly  of  tin? 
State  shall  provide  the  ways  and  means  foj 
the  payment  of  the  Missouri  militia. 

Sec'  29.  An  act  entitled  "An  act  for  tin 
organization  and  government  of  the  Missotir 
militia, "  approved  February  10,  1865,  am 
all  other  acts  or  parts  of  acts,  inconsisten 
with  the  provisions  of  this  ordinance,  ar 
hereby  abrogated. 

The  ordinance  was  read  the  first  and  seconi 
time,  and  ordered  to  be  printed. 

On  request  of  Mr.  Fletcher,  leave  c 
absence  was  granted  him  for  five  days. 

Mr.  Strong,  chairman  of  the  Engrossin 
Committee,  reported  the  article  on  Right  c 
Suffrage  as  correctly  engrossed . 

On  motion  of  Mr.  Gilstrap,  the  ordi 
nance  defining  the  number  of  judicial  cii 
cuits  of  Missouri,  was  taken  up. 

Mr.  Gilstrap  offered  the  following  amenc 
ment  thereto: 

Amend  the  ordinance  by  striking  out  tl 
second,  third,  fourth,  'fifth,  sixth,  an 
seventh  organizations  of  judicial  circuits 
and  insert  the  following: 

Section  — .  The  second  judicial  circil 
shall  consist  of  the  counties  of  St.  Charles 
Warren,  Montgomery,  and  Callaway;  tl 
third  judicial  circuit  shall  consist  of  tl 
counties  of  Pike,  Lincoln,  Audrain,  Boom 
and  Howard;  the  fourth  judicial  circuit  shj 
consist  of  the  counties  of  Marion,  Lewi, 
Clark,  Ralls,  and  Monroe;  the  fifth  judici 
circuit  shall  consist  of  the  counties  of  Macoi 
Randolph,  Adair,  Shelby,  Kuox,  Scotlam 
and  Schuyler;  the  sixth  judicial  circuit  slit 

consist  ot  the  counties  of  ;  the  seven 

judicial  circuit  shall  consist  of  the  counti 

of  ;  the  eighth  judicial  circuit  shall  co; 

sist  of  the  counties  of  •. 

On  motion  of  Mr.  Barr,  the  ordinance  < 
Judicial  Circuits,  with  the  amendine 
thereto  offered  by  Mr.  Gilstrap,  wasreferr 
back  to  the  Committee  on  Judicial  Circuitj 

Mr.  Williams  of  Caldwell  moved  that  | 
Committee  on  Districting  the  State  into  Juc 
cial  Circuits  be  discharged  from  the  furth 
consideration  of  the  subject. 

Mr.    moved  the  previous  quesfio 

which  was  sustained. 

The  question  then  being  upon  agreeing 
the  motion  of  Mr.  Williams  of  Caldwell, 
demanded  the  ayes  and  noes  thereon;  a 
the  vote  being  taken,  stood  as  followrs: 

Ayes  —  Messrs.  Barr,  Bonham,  Buik 
Childress,  Clover,  Dodson,  D'Oench,  Esth 
Evans,  Folmsbee,  Fulkerson,  Gilbert  j 
Lawrence,  Gilstrap,  Holcomb,  Holdsworf, 
Linton,  McKernan,  Mack,  Meyer,  Rauki 
Rohrer,  Smith  of  Mercer,  Strong,  Sutra 
Swearingen.  Switzler,  Weatherbv,  Willia] 
of  Caldwell,  and  Mr.  President— 29. 


211 


Noes — Messrs.  Adams,  Bedford,  Davis  of 
•  Nodaway,  Drake,  Gamble,  Holland,  Hume, 
King,  and  McPherson— 9. 

Absent    with   Leave — Messrs.  Bush, 
Fletcher,  Foster,  Gilbert  of  Platte.  Hughes, 
Hu-mann.  Morton,  Newgent,  St.  Gem,  and 
I  Thiienius — 10. 

Absent  without  Leave — Messrs.  Budd, 
(  Davis  of  New  Madrid.  Ellis,  Filley,  Gram- 
;  mer,  Green,  Henderson,  Leonard!,  Martin. 
Nixdorf,  Owens,  Smith  of  Worth,  and  Wil- 
liams of  Scotland— 13. 
Sick  — Messrs.   Cowden,    Mitchell,  and 
jPeck-3. 

So  the  motion  was  agreed  to,  and  the  com- 
ijmittee  discharged  from  further  consideration 
!of  the  subject  of  districting  the  State  into 
judicial  circuits. 

I  On  motion  of  Mr.  Strong,  the  article  on 
j;  Right  of  Suffrage,  as  reported  back  from 
||the  Engrossing  Committee,  was  taken  up. 

Mr.  Foemsbee  offered  the  following 
[(amendment: 

j   Amend  section  ninth  by  inserting,  in  the 
!  fifth  line,  after  the  word  ktto,"  the  words 
M teach  or  preach,  or. ' ' 

',   On  motion  of  Mr.  Drake,  the  Convention 
djourned  until  half-past  2  o'clock  P.M. 


AFTERNOON  SESSION. 

The  Convention  met  pursuant  to  adjourn- 
ment, the  Vice  President  in  the  chair. 

On  motion  of  Mr.  Folmsbee,  a  call  of  the 
house  was  ordered,  and  the  following  mem- 
bers responded  to  their  names: 

Messrs.  Adams,  Barr,  Bonham,  Bunce, 
tjhildress,  Davis  of  Nodaway,  Dodson, 
{pake,  Ellis,  Esther,  Evans,  Folmsbee, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence. 
Holcomb,  Holds  worth,  Holland,  Hume, 
King,  Leonard,  Linton,  McKernan,  Mc- 
Pherson, Mack,  Rankin,  Rohrer,  Smith  of 
Mercer.  Smith  of  Worth,  Sutton,  Weatherby,' 
Williams  ot  Caldwell,  and  Williams  of  Scot- 
land—33. 

:  Absent  with  Leave — Messrs.  Fletcher, 
Foster,  Gilbert  of  Platte.  Hughes.  Husrhann, 
Morton,  Newgent,  St.  Gem,  and  Thiienius 

Absent  without  Leave — Messrs.  Bed- 
ford. Budd.  Bush,  Clover,  Davis  of  New 
'Madrid.  D'Oench,  Filley,  Gilstrap,  Gram- 
iner,  Green,  Henderson,  Martin,  Mejrer, 
Bfjxdorf,  Owen,  Strong,  Swearingen,  Switz- 
ler, and  Mr.  President— 19. 

Sick  — Messrs.  Cowden,  Mitchell,  and 
iPeck-3. 

i  A  quorum  being  present,  on  motion  of 
LMr.  Folmsbee,  further  proceedings  under 
'the  call  were  dispensed  with. 


On  motion  of  Mr.  Mack,  leave  of  absence 
was  granted  to  Mr.  Rankin  for  ten  days. 

The  article  on  the  Right  of  Suffrage 
was  taken  up;  and  the  question  being  on  the 
adoption  of  Mr.  Folmsbee's  amendment  to 
section  nine,  by  inserting  in  the  fifth  line, 
after  the  word  "to,"  the  words  "teach  or 
preach,  or, "  Mr. , Holcomb  demanded  the 
ayes  and  noes  thereon;  and  the  vote  being 
taken,  stood  as  follows  : 

Ayes — Messrs.  Adams,  Bonham,  Bunce, 
Childress,  Davis  of  Nodaway,  Dodson.  Ellis, 
Esther,  Evans.  Folmsbee,  Gilbert  of  Law- 
rence, Holcomb,  Holdsworth,  Holland, 
Hume,  Leonard,  Rankin,  Rohrer,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Weatherby,  Williams  of  Caldwelf,  and  Wil- 
liams of  Scotland — 25. 

Noes — Messrs.  Barr,  Drake,  Fulkerson, 
Gamble,  Henderson,  King,  Linton.  Mc- 
Pherson, Swearingen.  and  Switzler — 10  = 

Absent  with  Leave  —  Messrs.  Bush. 
Fletcher,  Foster,  Gilbert  of  Platte,  Hughes, 
Husmann,  Morton,  Newgent,  St.  Gem.  and 
Thiienius — 10. 

Absent  without  Leave — Messrs.  Bed- 
ford, Budd,  Clover,  Davis  of  New  Madrid, 
D'Oench,  Filley,  Gilstrap,  Grammer, 
Green,  McKernan,  Mack,  Martin,  Meyer, 
Nixdorf,  Owens,  and  Mr.  President — 16. 

Sick — Messrs.  Cowden.  Mitchell,  and 
Peck— 3. 

So  the  amendment  was  adopted. 

Mr.  Evans  offered  the  following  amend- 
ment: 

Amend  section  eighteenth  by  striking  out 
the  following  words-.  k  'and  every  male  per- 
son of  foreign  birth,  who  may  have  declared 
his  intention  to  become  a  citizen  of  the 
United  States,  according  to  law.  not  less 
than  one  year,  nor  more  than  five  years, 
before  he  offers  to  vote,  who  is.  " 

Mr.  Holcomb  moved  the  previous  question, 
which  was  sustained. 

The  question  then  being  on  the  adoption 
of  the  amendment  of  Mr.  Evans,  Mr. 
Bonham  demanded  the  ayes  and  noes  there- 
on; and  the  vote  being  taken,  stood  as 
follows : 

Ayes— Messrs.  Bunco.  Childress,  Esther, 
Evans,  Gamble,  Hume,  Mack.  Rankin, 
Smith  of  Mercer,  Strong.  Sutton,  Swearin- 
gen, Switzler,  and  Williams  of  Scotland — 14. 

Noes — Messrs.  Barr,  Bonham.  Davis  of 
Nodaway,  Dodson,  Drake,  Folmsbee,. 
Fulkerson,  Gilbert  of  Lawrence,  Hender-on, 
Holcomb,  Holdsworth,  Holland,  King, 
Leonard,  Linton,  McKernan,  McPherson, 
Meyer,  Rohrer,  Smith  of  Worth,  Weatherby, 
and  Williams  of  Caldwell — 22. 

Absent  with  Leave  —  Messrs.  Bush, 
Fletcher,  Foster,  Gilbert  of  Platte.  Hughes r 
Husmann,  Morton,  Newgent,  St.  Gem,  and 
Thiienius— 10. 


212 


Absent  without  Leave — Messrs.  Adams, 
Bedford,  Budd,  Clover,  Davis  of  New 
Madrid,  D'Oench,  Ellis,  Filley,  Gilstrap, 
Grammer,  Green,  Martin,  Nixdorf,  Owens, 
and  Mr.  President^ — 15. 

Sick — Messrs.  Cowden,  Mitchell,  and 
Peck— 3. 

So  the  amendment  was  rejected. 
Mr.  Drake  offered  the  following-  amend- 
ment, which  was  adopted: 

Amend  section  one  by  striking  out  the 
word  ''twentieth,"  and  inserting  in  lieu 
thereof  the  word  ' '  twenty ^flrst. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  six,  line  ten,  by  striking 
out  the  word  '  'said. ' ' 

Mr.  Strong  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  nine,  line  thirteen,  by 
inserting  the  word  "white"  before  the 
word  ' '  male . ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  ten,  line  four,  by  striking 
out  the  word  '  'twentieth, ' '  and  inserting  in 
lieu  thereof  the  word  "twenty-lirst. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  read: 

Amend,  on  page  three,  lines  eighteen, 
nineteen,  twenty,  and  twenty-one,  by 
striking  out  the  words  '  'or  in  any  common 
or  other  schools;  or  of  holding  any  real 
estate  or  other  property  in  trust  for  the  use 
of  any  church,  religious  society,  or  congre- 
gation;" and  inserting  in  lieu  thereof  the 
Words  "incorporated  by  or  under  any  law 
of  this  State;  or  of  teaching  in  any  common 
*>r  ether  school,  which  is  sustained,  in 
whole  or  in  part,  bv  funds  provided  by 
flaw." 

Mr.  Drake  moved  the  previous  question, 
*which  was  sustained. 

The  question  then  being  on  adopting  the 
amendment  of  Mr.  Drake,  Mr.  Holland 
demanded  the  ayes  and  noes  thereon;  and 
the  vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Bonham,  Bush,  Clover, 
Davis  of  Nodaway,  Drake,  Evans,  Gamble, 
Henderson,  Linton,  McKernan,  McPherson, 
Meyer,  Rohrer,  and  Switzler — 14. 

Noes — Messrs.  Barr,  Bunce,  Childress, 
Dodson,  Esther,  Folmsbee,  Fulkerson,  Gil- 
bert of  Lawrence,  Holcomb,  Holds  worth, 
Holland,  Hume,  King,  Leonard,  Smith  of 
Mercer,  Smith  of  Worth,  Strong,  Sutton, 
Bwearingen,  Weatherby,  Williams  of  Cald- 
well, and  Williams  of  Scotland— 22. 

Absent  with  Leave— Messrs.  Fletcher, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann, Morton,  Newgent,  St.  Gem,  and 
Thilenius— 9. 


Absent  without  Leave — Messrs.  Adams. 
Bedford,  Budd,  Davis  of  New  Madrid, 
D'Oench,  Ellis,  Filley,  Gilstrap,  Grammer. 
Green,  Mack,  Martin,  Nixdorf,  Owens! 
Rankin,  and  Mr.  President— 1G. 

Sick  — Messrs.  Cowden,  Mitchell,  ant 
Peck-3. 

So  the  amendment  was  not  adopted. 

On  motion  of  Mr.  Drake,  the  article  oi 
Right  of  Suffrage  was  read  the  third  time 
and  the  question  being  upon  its  adoption 
Mr.  Drake  demanded  the  ayes  and  noei 
thereon;  and  the  vote  being  taken,  stood  a 
follows : 

Ayes  —  Messrs.  Barr,  Bonham,  Bunce 
Childress,  Clover,  Davis  of  Nodaway,  Dod 
son,  Drake.  Esther,  Folmsbee,  Fulkerson 
Gamble,  Gilbert  of  Lawrence,  Henderson 
Holds  worth,  Holland,  Hume,  King,  Leon 
ard,  McKernan,  McPherson,  Mack,  Smit 
of  Mercer,  Smith  of  Worth,  Strong,  Sutton' 
Swearingen,  Weatherby,  Williams  of  Caltl 
well,  and  Williams  of  Scotland — 30. 

Noes — Messrs.  Bedford,  Bush,  Hoi  comb  i 
Linton,  Meyer,  Rohrer,  and  Switzler— 7.  j 

Absent  with  Leave  —  Messrs.  Evans 
Fletcher,  Foster,  Gilbert  of  Platte,  Hughes 
Husmann,  Morton,  Newgent,  St.  Gem; 
and  Thilenius — 10.  | 

Absent  without  Leave — Messrs.  Adam: 
Budd,  Davis  of  New  Madrid,  D'Oenclij 
Ellis,  Filley,  Gilstrap,  Grammer,  Green; 
Martin,  Nixdorf,  Owens,  Rankin,  and  M 
President. — 14. 

Sick  —  Messrs.  Cowden,  Mitchell,  an 
Peck— 3. 

So  the  article  was  adopted  and  referred 
the  Revising  Committee. 

Mr.  Holcomb  moved  to  adjourn,  ci 
which  motion  Mr.  Davis  of  Nodaway  df 
manded  the  ayes  and  noes;  and  the  vo 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Bedford,  Holcomb,  Meye 
Rohrer,  Smith  of  Mercer,  Smith  of  Wo'rtl 
and  Switzler— 7. 

Noes  —  Messrs.  Barr,  Bonham,  Bunci| 
Childress,  Clover,  Davis  of  Nodaway,  Doc 
sou,  Drake.  Esther,  Fulkerson,  Gambl 
Gilbert  of  Lawrence,  Henderson,  Hold 
worth,  Holland,  Hume,  King,  Leonart 
Linton,  McKernan,  McPherson,  Macl 
Strong,  Sutton,  Swearingen,  Weather™ 
Williams  of  Caldwell,  and  Williams  of  Scd 
land— 28. 

xIbsent  with  Leave  —  Messrs.  Evan 
Fletcher,  Foster,  Gilbert  of  Platte,  Hugheji 
Husmann,  Morton,  Newgent,  St.  Gem,  m 
Thilenius— 10. 

Absent  without  Leave — Messrs.  Adam 
Budd,    Bush,    Davis    of   New  Madrii 
D'Oench,  Ellis,  Filley,  Folmsbee,  Gilstral 
Grammer,  Green,  Martin,  Nixdorf,  Owen  I 
Rankin,  and  Mr.  President — 16. 

Sick  —  Messrs.  Cowden,  Mitchell,  ai| 
Peck— 3. 


213 


So  the  Convention  refused  to  adjourn. 
On  motion  of  Mr.  Drake,  the  article  on 
Declaration  of  Eights  was  taken  up. 

Mr.  Linton  moved  to  amend  the  same  by 
triking  out  section  thirteen. 

Mr.  Weatherby  moved  the  previous  ques- 
ion,  which  was  sustained. 
I-  The  vote  was  then  taken  on  Mr.  Linton's 


motion  to  strike  out  section  thirteen,  and 
the  motion  was  rejected. 

Mr.  Rohrer  moved  a  call  of  the  house, 
which  was  not  sustained . 

Mr.  Weatherby  called  up  his  resolution 
providing  for  night  sessions;  pending  the 
consideration  of  which,  011  motion  of  Mr. 
Drake,  the  Convention  adjourned  until 
Monday  morning  next  at  9  o'clock. 


 , — ,  

SEVENTY-SECOND  D^.Y. 


?  Convention  met  pursuant  to  adjournment, 
he  Vice  President  in  the  chair. 

Mr.  Strong,  chairman  of  the  Engrossing 
Committee,  reported  the  article  on  Legisla- 
te Department  correctly  engrossed. 

Mr.  Gil  strap,  from  the  Committee  on  the 
udicial  Department,  made  the  following 
eport : 

Mr.  President:  The  Committee  on  the 
udieiary,  having  had  the  ordinance  under 
onsideratiou  entitled  *'xVn  ordinance  pro- 
iding  for  the  punishment  of  crimes, "  the  ma- 
prity  of  the  committee  have  instructed  me 
jo  report  the  same  back  and  recommend  its 
|>assage.    The  ordinance  has  been  printed 
l.nd  laid  upon  the  table  of  members  for 
several  days,  and  must  be  fully  understood; 
to  which  consideration  the  committee  refer 
:  he  argument  in  support  of  this  ordinance. 
f\ll  of  which  is  respectfully  submitted. 

A.  L.  GiLSTRAP,  Acting  Chairman. 

I  The  ordinance  referred  to  is  set  forth  at 
large  in  the  journal  of  the  sixtieth  day. 

On  motion  of  Mr.  Smith  of  Mercer,  the 
Ipticle  on  Education  was  taken  up. 
■  Mr.  Smith  of  Mercer  offered  the  following 
[intendment  thereto  : 

I  Amend  by  striking  out  section  two,  and 
Insert,  as  a  substitute,  the  following:  White 
Ibhildren,  and  children  of  African  dscent, 
Khali  not  be  taught  in  the  same  schools; 
hut  separate  schools  may  be  established  for 
children  of  African  descent.  All  funds  pro- 
l/ided  for  the  support  of  public  schools  shall 
|)e  appropriated  in  proportion  to  the  number 
|>f  children  between  the  ages  of  five  and 
Kwenty-one  years,  without  regard  to  color. 
|  Upon  this  question  Mr.  Drake  demanded 
Rhe  ayes  and  noes;  and  the  vote  being  taken, 
itood  as  follows: 

h  Ayes — Messrs.  Bunce,  Childress,  Dodson, 
HEsther,    Folmsbee,    Fulkerson,  Gamble, 


MONDAY,  April  3d,  1865. 

Gilstrap.  Holdsworth,  McPherson,  Mack, 
Smith  of  Mercer,  Strong,  Sutton,  Swear- 
ino-en,  and  Switzler — 16. 

Noes — Messrs.  Bonham,  Budd,  Bush, 
Davis  of  Nodaway,  Drake,  Filley,  Gilbert 
of  Lawrence,  Henderson,  Holcomb,  Hol- 
land, Hume,  King,  Leonard,  McKernan, 
Meyer,  Rohrer.  Smith  of  Worth,  Weatherby, 
Williams  of  Caldwell,  and  Williams  of  Scot- 
land—20. 

Absent  with  Leave— Messrs.  Evans, 
Foster,  Gilbert  of  Platte.  Husmann,  Mor- 
ton. Newgent,  Nixdorf,  Rankin,  St.  Gem, 
and  Thilenius — 10. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Clover.  Davis  of  New  Madrid, 
D'Oench,  Fletcher,  Grammer,  Green, 
Hughes,  Linton,  Martin,  Owens,  and  Mr. 
President — 13. 

Sick  —  Messrs.  Barr,  Cowden,  Ellis, 
Mitchell,  and  Peck — 5. 

So  the  amendment  was  rejected. 

Mr.  Bonham  offered  the  following  as  a 
new  section: 

In  case  the  public  school  fund  shall  be  in- 
sufficient to  support  a  free  school  at  least  -ix 
months  in  each  school  year,  in  the  several 
school  districts  in  this  State,  the  Legislature 
shall  provide  by  law  for  the  raising  of  such 
deficiency  b}'  taxation  on  all  the  taxable 
property  in  each  county,  municipal  town- 
ship, or  school  district/ as  they  shall  deem 
proper. 

On  which,  Mr.  Bonham  demanded  the  ayes 
and  noes;  and  the  vote  being  taken,  stood  as 
follows: 

Ayes — Messrs.  Bonham.  Bush.  Childress, 
Davis  of  Nodaway,  Drake.  Filley.  Fulkerson, 
Gilbert  of  Lawrence,  Holcomb.  McKernan, 
Smith  of  Worth,  Strong,  and  Weatherby— 13. 

Noes  —  Messrs.  Budd,  Bunce.  Dodson, 
D'Oench,  Esther,  Folmsbee,  Gamble,  Gil- 
strap,  Henderson,  Holdsworth,  Holland, 
Hume,  King.  Leonard,  McPherson,  Mack, 
Rohrer,  Smith  of  Mercer,  Sutton,  Swearin- 


214 


gen,  Switzler,  Williams  of  Caldwell,  and 
Williams  of  Scotland— 23. 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Husmann,  Morton, 
Newgent,  Nixdorf,  Rankin,  St.  Gem,  and 
Thilenius— 10. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Clover,  Davis  of  New  Madrid, 
Fletcher,  Graminer,  Green,  Hughes,  Linton, 
Martin,  Meyer,  Owens,  and  Mr.  President 
—13. 

Sick  —  Messrs.  Barr,  Covvden,  Ellis, 
Mitchell,  and  Peck— 5. 

So  the  new  section  was  rejected. 

Mr.  Gamble  was  appointed  on  the 
Engrossing-  Committee  in  place  of  Mr. 
Husmann . 

Mr.  Strong  offered  the  following  amend- 
ment: 

Add,  as  a  new  section,  the  following:  In 
case  the  public  school  fund  shall  be  insuffi- 
cient to  sustain  a  free  school  at  least  four 
months  in  every  year,  in  each  school  district 
in  this  State,  the  General  Assembly  may 
provide,  by  law,  for  the  raising  of  such 
deficiency,  by  levying  a  tax  on  all  the  taxable 
property  in  each  county,  township,  or  school 
district,"  as  they  may  deem  proper. 

Mr.  Smith  of  Mercer  demanded  the  pre- 
vious question,  which  was  sustained. 

The  question  then  being  on  the  adoption  of 
the  new  section  offered  by  Mr.;  Strong,  Mr. 
Bonham  demanded  the  ayes  and  noes  thereon ; 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Childress,  Davis 
of  Nodaway.  Drake,  Filley,  Folmsbee,  Ful- 
kerson,  Gamble,  Gilbert  of  Lawrence,  Hol- 
conib,  Holds  worth,  McKernan,  McPherson, 
Mack,  Smith  of  Worth,  Strong,  Sutton, 
Swearingen,  Switzler,  Weatherby,  and  Wil- 
liams of  Caldwell— 21. 

Noes— Messrs.  Budd,  Bunce,  Bush,  Docl- 
son.  D'Oench,  Esther,  Gilstrap,  Henderson, 
Holland,  Hume,  King,  Leonard,  Rohrer. 
Smith  of  Mercer,  and  Williams  of  Scotland 
—15. 

Absent  with  Leave — Messrs.  Evans,  Fos- 
ter, Gilbert  of  Platte,  Hughes,  Husmann, 
Morton,  Newgent,  Nixdorf,  Eankin,  St. 
Gem,  and  Thilenius — 11. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Clover,  Davis  of  New  Madrid, 
Fletcher,  Grammer,  Green,  Linton,  Mar- 
tin, Meyer,  Owens,  and  Mr.  President — 12. 

Sick  —  Messrs.  Barr,  Cowden,  Ellis, 
Mitchell,  and  Peck — 5. 

So  the  new  section  was  adopted. 

The  fall  of  Richmond  being  announced  by 
Mr.  Drake,  Mr.  Linton  moved  to  adjourn, 
on  which  motion  Mr.  Bonham  demanded  the 
ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows : 


Ayes— Messrs.  Budd,  Bush,  Doclson, 
D'Oench,  Esther,  Folmsbee,  Henderson, 
Holdswbrth,  Leonard,  Linton,  Bohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Swear- 
ingen, and  Switzler — 15. 

Noes— Messrs  Bonham.  Bunce,  Childress, 
Clover,  Davis  of  Nodaway,  Drake,  Filley. 
Fulkerson,  Gamble,  Gilbert  of  Lawrence  ^ 
Holcomb,  Holland,  Hume,  King,  McPher- 
son, Mack,  Strong,  Sutton,  Weatherbv, 
Williams  of  Caldwell,  and  Williams  of  Scot- 
land—21. 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann, McKernan,  Morton,  Newgent,  Nix- 
dorf, Rankin,  St.  Gem,  and  Thilenius— 12. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Fletcher, 
Gilstrap,  Grammer,  Green,  Martin,  Mever, 
Owens,  and  Mr.  President— 11 . 

Sick  — Messrs.  Barr,  Cowden,  Ellis, 
Mitchell,  and  Peck— 5. 

So  the  Convention  refused  to  adjourn. 

Mr.  Gilstrap  declined  serving  on  the 
Finance  Committee. 

Mr.  Smith  of  Worth  called  up  the  amend- 
ment offered  by  him  on  Friday,  to  strike  out 
the  first  clause  of  section  seven,  down  to  the 
word  '  "the, ' '  in  the  fourth  line. 

The  substitute  for  the  same,  offered  by  Mr. 
Krekel,  was  declared  out  of  order. 

The  question  then  being  on  the  amend- 
ment of  Mr.  Smith  of  Worth,  he  demanded 
the  ayes  and  noes  thereon;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes— Messrs.  Bush,  Childress,  Esther, 
Gilbert  of  Lawrence,  Gilstrap,  Henderson, 
Linton,  Mack,  Smith  of  Mercer,  Smith  of 
Worth,  Sutton,  Swearingen,  Switzler, 
Weatherby,  Williams  of  Caldwell,  and  Wil- 
liams of  Scotland — 1(3. 

Noes — Messrs.  Bonham,  Budd,  Bunce, 
Clover,  Davis  of  Nodaway,  DT)ench.  Drake, 
Filley,  Fulkerson,  Gamble,  Holcomb,  Hol- 
land,' Hume,  King,  Leonard,  McKernan, 
McPherson,  Rohrer,  and  Strong — 19. 

Absent  with  Leave  —  Messrs.  Evans. 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann, Martin.  Morton,  Newgent,  Nixdorf, 
Rankin,  St.  Gem,  and  Thilenius — 12. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  Dodson,' 
Fletcher,  Folmsbee,  Grammer.  Green, 
Holds  worth,  Meyer,  Owens,  and  Mr.  Presi- 
dent—12. 

Sick — Messrs.  Barr,  Cowden,  Ellis,  Mitch- 
ell, and  Peck— 5. 

So  the  amendment  was  rejected. 

Mr.  Bonham  moved  to  strike  out  the  word 
:  •four, ' '  and  insert  the  word  4  'three, ' '  in 
section  seven,  line  three;  which  was  adopted. 

Mr.  Holcomb  offered  the  following  amend- 
ment,  which  was  adopted: 


215 


t  Amend  by  inserting  "State  or"  between 
,:he  words  '  'the' '  and  '  'United  States, ' '  in 
:hird  line . 

Mr.  Weatherby  moved  to  adjourn,  on 
vhich  motion  Mr.  Holland  demanded  the 
'ryes  and  noes;  and  the  vote  being  taken, 
[stood  as  follows : 

!  Ayes— Messrs.  Bedford,  Bush.  Folmsbee, 
Henderson,  Holdsworth,  Linton,  Rohrer, 

jBmitli  of  Mercer,  Switzler,  and  Weatherby 

1 1—10. 

i  Noes  —  Messrs.  Bbnhain,  Budd,  Bunce, 
fcnildress,  Clover.  Davis  of  Nodaway,  Dod- 
[son,  D?Oench,  Drake,  Esther,  Filley,  Ful- 
[ikerson.  Gamble,  Gilbert  of  Lawrence,  Gil- 
jstrap,  Holcomb,  Holland,  Hume,  King, 
Leonard.  MeKernan,  McPherson,  Mack. 
Smith  of  Worth .  Strong,  Sutton,  Swear- 
ingen. Williams  of  Caldwell,  and  Williams 
bf  Scotland— 29 . 

I  Absent  with  Leave  —  Messrs.  Evans, 
iFoster,  Gilbert  of  Platte,  Hughes,  Hus-  j 
imann,  Morton,  Xewgent,  Nixdorf,  Rankin, 
ISt.  Gem,  and  Thilenius— 11. 
L  Absent  without  Leave — Messrs .  Adams , 
IDavis  of  Xew  Madrid,  Fletcher,  Grammer, 
[Green.  Martin,  Meyer,  Owens,  and  Mr. 
■President— 9, 

I  Sick  —  Messrs.    Barr,    Cow  den,  Ellis, 
[Mitchell,  and  Peck — 5. 
[  So  the  Convention  refused  to  adjourn. 
I  Mr .  Holcomb  offered  the  following  amend- 
Iment: 

Amend  section  eight  by  striking  out  all  j 
[after  the  word  k '  for, ' '  in  the  fourth  line,  up  j 
to  the  word  '  •  and, ' '  in  the  seventh  line:  and 
insert  the  word  *  •  shall, ' '  between  the  words 
' )  and' '  and  ' k  make, ' 1  in  the  seventh  line. 

On  this  question  Mr.  Bonham  demanded 
the  ayes  and  noes;  and  the  vote  being  taken, 
'stood  as  follows: 

!  Ayes — Messrs.  Bunce.  Bush.  Dodson, 
Esther,  Fulkerson,  Gamble,  Holcomb, 
Holdsworth.  Hume,  Leonard,  Linton, 
Rohrer,  Smith  of  Mercer.  Smith  of  Worth, 
Swearingen,  Williams  of  Caldwell,  and  Wil- 
liams of  Scotland — 17. 

Xoes— Messrs.  Bedford,  Bonham,  Budd, 
Childress,  Clover,  Davis  of  Nodaway,  Drake, 
Filley,  Folmsbee.  Gilbert  of  Lawrence, 
Henderson,  Holland,  King,  MeKernan,  Mc- 
Pherson, Mack,  Strong, "Sutton,  Switzler, 
and  Weatherby— 2Q . 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte.  Hughes,  Eus- 
mann,  Morton,  Xewgent.  Nixdorf,  Rankin, 
St.  Gem.  and  Thilenius — 11. 

Absent  without  Leave — Messrs.  Adams, 
Davis  of  Xew  Madrid,  D'Oench.  Fletcher, 
Gilstrap,  Grammer.  Green,  Martin,  Meyer, 
Owens,  and  Mr.  President— 11 . 

Sick  — Messrs.  Barr.  Cowden.  Ellis. 
Mitchell,  and  Peck— 5.  ' 

So  the  amendment  was  not  agreed  to . 


On  motion  of  Mr.  Weatherby.  the  Con- 
vention adjourned  until  half-past  2  o'clock 
P.  M. 


AF TERXOOX  SESS 10X . 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Drake,  chairman  of  the  Revising 
Committee,  made  the  following  report: 

Mr.  President:  The  Revising  Commit- 
tee, to  whom  was  referred  the  title  of  the 
Constitution,  beg  leave  to  report  the  same 
back  without  amendment. 

C.  D.  DRAKE,  Chairman. 

The  title  was  then  put  on  its  final  reading, 
and  was  adopted  and  ordered  to  be  enrolled 
as  a  part  of  the  Constitution. 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  ordinance  passed  by 
this  Convention,  entitled  "An  ordinance  to 
protect  emancipated  negroes  from  appren- 
ticeship," be  enrolled  and  signed  by  the 
President,  and  attested  by  the  Secretary, 
and  deposited  in  the  office  of  the  Secretary  of 
State. 

Mr.  Drake.  Chairman  of  the  Revising 
Committee,  made  the  following  report: 

Mr.  President:  The  Revising  Committee, 
ro  whom  was  referred  the  article  on  the 
Right  of  Suffrage,  beg  leave  to  report  the 
same  back  without  amendment. 

CD.  DRAKE,  Chairman. 
Mr.  Linton  offered  the  following  amend- 
ment to  said  article : 

Insert,  after  the  word  '  'law, ' '  in  the  fourth 
line  of  ninth  seetion.  •  -  nor  publish  or  edit  a 
newspaper;  nor  pursue  an}'  avocation  re- 
quiring the  license  of  this  State,  or  of  the 
United  States." 

Mr.  Drake  moved  to  reject  the  amend- 
ment, and  demanded  the  ayes  and  noes 
thereon ;  and  the  vote  being  taken .  stood  as 
follows : 

Ayes — Messrs.  Barr,  Budd,  Bunce.  Chil- 
dress, Clover,  Davis  of  Xodaway.  Dodson, 
Drake,  Filley,  Fulkerson,  Gilbert  of  Law- 
rence, Henderson,  Hume,  King,  Leon ard . 
MeKernan,  McPherson,  Mack.  Rankin. 
Strong.  Sutton.  Weatherby,  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 25. 

Xoes — Messrs.  Esther,  Gamble,  Holcomb. 
Holdsworth.    Holland.    Linton.  Rohrer, 
|  Smith   of  Mercer,  Smith  of  Worth,  and 
j  Swearingen — 10. 

!     Absent    with   Leave — Messrs.  Evans, 
j  Foster,  Gilbert  of  Platte.  Hughes, Husmann, 
Morton.  XeAvgent,  Nixdorf,  St.  Gem,  and 
j  Thilenius— 10. 


216 


Absent  without  Leave — Messrs.  Adams, 
Bedford,  Bonham.  Bush,  Davis  of  New 
Madrid,  D'Oench,  Fletcher,  Folmsbee,  Gil- 
strap,  Grammer,  Green,  Martin  Meyer, 
Owens,  and  Switzler — 15. 

Sick — Messrs.  Oowden,  Ellis.  Mitchell, 
and  Feck — 4 . 

So  the  amendment  was  rejected. 

Mr.  Drake  moved  that  the  article  on  the 
Right  of  Suffrage  be  enrolled  as  a  part  of 
the  Constitution,  and  moved  the  previous 
question  thereon,  which  was  sustained. 

The  question  then  being  on  the  enrollment 
of  said  article,  Mr.  Davis  of  Nodaway 
demanded  the  ayes  and  noes ;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes— Messrs.  Barr,  Budd,  Bunce,  Chil- 
dress, Davis  of  Nodaway,  Dodson,  Drake, 
Esther,  Filley,  Fulkerson,  Gilbert  of  Law- 
rence, Henderson.  Holds  worth,  Flolland, 
Hume,  King,  Leonard,  McKernan,  McPher- 
son,  Mack,  Rankin,  Smith  of  Worth,  Strong, 
Sutton,  Swearingen.  Weatherby,  Williams 
of  Caldwell,  and  Williams  of  Scotland— 28. 

Noes — Messrs.  Clover,  Gamble,  Gilstrap, 
Holcomb,  Linton,  Rohrer,  Smith  of  Mercer, 
and  Mr.  President — 8. 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Grammer,'  Green, 
Hughes,  Husmann.  Morton,  Newgent,  Nix- 
dorf,  St.  Gem,  and  Thilenius— 12. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck— 4. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Bonham,  Bush,  Davis  of  New 
Madrid,  D'Oench,  Fletcher,  Folmsbee, 
Martin,  Meyer,  Owens,  and  Switzler — 12. 

So  the  article  was  ordered  to  be  enrolled  as 
a  part  of  the  Constitution. 

On  motion  of  Mr.  Drake,  the  article  on 
Legislative  Department  was  taken  up. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  one,  line  six,  by  insert- 
ing the  word  '  ^and' '  before  the  word  '  k  ap- 
pointed. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  two,  lines  twenty  and 
twenty-one,  by  "  striking  out  the  words 
''shall  constitute  a  senatorial  district,  and 
shall. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  seven,  line  twelve,  by 
inserting,  after  the  word  "  'nays,"  the  words 
'  -  shall  be  taken  thereon,  and. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  eight,  line  ten,  by  insert- 
ing the  word  "a"  before  the  word  "gen- 
eral, ' '  where  it  first  occurs  therein. 


Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  on  page  nine,  lines  twenty  and 
twenty-one,  by  striking  out  the  words  "a 
majority  of  all  the  members  elected  to  both 
houses  concur  in  fixing  a  different  day  by 
law, ' '  and  inserting  in  lieu  thereof  the  I 
words  "a  different  day  be  fixed  by  law. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

xlmend,  on  page  nine,  line  twenty-four, 
by  striking  out  "the  words   "the  State  of 
Missouri , ' '  and  inserting  in  lieu  thereof  the  ! 
words  '  'this  State. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  thirtieth  by  adding  thereto  j 
the  following:   But  if  any  subject  embraced 
in  an  act  be  not  expresse'd  in  the  title,  such 
act  shall  be  void  only  as  to  so  much  thereof 
as  is  not  so  expressed. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  by  inserting  the  following  section, 
next  after  section  twenty-third: 

Sec.  — .  No  act  shall  be  revived  or  re- 
enacted  by  mere  reference  to  the  title  thereof:  ,. 
nor  shall  any  act  be  amended  by  providing  j 
that  designated  words  thereof  shall  be  struck 
out,  and  others  inserted  in  lieu  thereof;  but 
in  every  such  case  the  act  revived  and  re- 
enacted,  or  the  act  or  part  of  act  amended, 
shall  be  set  forth  and  published  at  length,  as 
if  it  were  an  original  act  or  provision  T 

Mr.  Williams  of  Caldwell  offered  the 
following  amendment,  which  was  rejected: 

When  the  county  court  of  any  county  shall 
have  districted  such  county,*  such  act  of 
districting  shall  be  adopted  by  a  vote  of  the  j 
qualified  voters  of  the  county,  before  such 
act  shall  become  a  law. 

Mr.  Drake  moved  that  the  article  on  the 
Legislative  Department  be  read  the  third 
time;  and  the  question  being  on  its  adoption,  | 
he  demanded  the  ayes  and  noes  thereon,  j 
which  being  taken,  the  vote  stood  as  follows: 

Ayes  —  Messrs.   Barr,    Bonham,  Budd, 
Bunce,  Childress,  Clover,  Davis  of  Nodaway, 
Drake,  Esther,  Filley,  Folmsbee,  Fulkerson,  1 
Gamble,  Gilbert  of  Lawrence,  Henderson, 
Holdsworth.  Holland,  Hume,  King,  Leonard,  j 
McPherson,  Mack,  Rankin,  Rohrer,  Strong,  !| 
Sutton,  Weatherby,  Williams  of  Caldwell, 
and  Williams  of  Scotland— 29. 

JSoss — Messrs.   Dodson,   Gilstrap,  Hoi- 
comb,  Smith  of  Worth,  Swearingen,  Switzler,  I 
and  Mr.  President— 7. 

Absent  with  Leave —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Husmann, 
Morton,  Newgent,  Nixdorf,  St.  Gem,  and 
Thilenius— 10. 

Absent  without  Leave — Messrs .  Adams , 
Bedford,  Bush,  Davis  of  New  Madrid, 
D'Oench,  Fletcher,  Grammer,  Green,  Lin-  ! 


217 


on,  McKernan,  Martin,  Meyer,  Owens,  and 
Jmith  of  Mercer — 14. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
tnd  Peck — i. 

So  the  article  was  adopted  and  referred  to 
he  Revising1  Committee. 

On  motion  of  Mr.  Strong,  leave  was 
granted  to  Mr,  Folmabee  to  record  his  vote 
)ii  the  article  on  the  Right  of  Suffrage;  and 
-hereupon  he  voted  aye. 

Mr;  Smith  of  Worth  offered  an  ordinance 
hi  suffrage  ami  disfranchisement,  providing 
or  the  disfranchisement  of  disloyal  persons. 

Mr.  Drake  moved  that  the  ordinance  be 
•ejected,  and,  on  his  motion,  demanded  the 
\  iyes  and  noes;  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Barr,  Bonham,  Budd, 
Sunce,  Clover.  Davis  of  Nodaway,  Drake. 

•  Esther,  Filiey,  Folmsbee,  Fulkerson, 
gamble,  Gilbert  of  Lawrence,  Henderson, 
loldsworth,  Holland,  Hume,  King,  Leon- 
ird.  Linton,  McKernan,  MePhei\son.  Mack, 
lankin,  Strong.  Sutton,  Swearingen,  Switz- 

■  er,  Weatherby,  Williams  of  Scotland,  and 
Mi-.  President— 31. 

j|  Noes — Messrs.  Dodson,  Gilstrap,  Hol- 
;omb,  Rohrer,  Smith  of  Mercer,  Smith  of 
Worth,  and  Williams  of  Caldwell— 7. 
•  Absent  with  Leave — Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes.  Hus- 
:nann,  Morton,  Newgent,  Nixdorf,  St. 
Q-em,  and  Thilenius — 10. 
.  Absent  witho ut  L  s ave — Messrs .  Adams, 
Bedford,  Bush.  Childress,  Davis  of  New 
Madrid,  D'Oench,  Fletcher.  Grammer, 
'  Green,  Martin,  Meyer,  and  Owens — 12. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck— 4. 

So  the  ordinance  was  rejected. 

On  motion  of  Mr.  Drake,  the  article  on 
Declaration  of  Rights,  offered  by  him,  was 
taken  up. 

Mr.  Williams  of  Scotland  offered  the  fol- 
lowing amendment: 

Amend  by  striking  out  the  ninth  section, 
and  inserting  the  following  in  lieu  thereof: 
That  all  men  have  a  natural  and  inde- 
feasible right  to  worship  Almighty  God  ac- 
cording to  the  dictates  of  their  own  con- 
sciences; that  no  person  can,  on  account  of 
his  religious  opinions,  be  rendered  ineligible 
to  any  office  of  trust  or  profit  under" this 
[State,  nor  be  disqualified  as  a  witness;  and 
Ithat  no  person  ought,  by  any  law,  to  be  mo- 
lested in  his  person  or  estate,  on  account  of 
his  religious  persuasion  or  profession,  or  for 
jhis  religious  practice;  unless,  under  the 
: color  of  religion,  he  disturb  the  good  order, 
or  the  peace  or  safety  of  the  State,  or  in- 
fringe the  laws  of  morality,  or  injure  others 
in  their  natural,  civil,  or  religious  rights. 


On  this  question  Mr.  Williams  of  Scot- 
land demanded  the  ayes  and  noes;  and  the 
vote  being  taken,  stood  as  follows: 

Ayes— Messrs.  Davis  of  Nodaway.  Mack, 
Rankin,  Smith  of  Mercer,  Smith  of  Worth. 
Strong.  Svvitzler,  Weatherby,  and  Williams 
of  Scotland— 9. 

Noes — Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Bush,  Childress,  Clover,  Dodson, 
Drake,  Esther.  Filiey,  Folmsbee,  Fulker- 
son, Gamble,  Gilbert  of  Lawrence,  Gil- 
strap,  Henderson,  Holcomb,  Holds  worth, 
Holland,  Hume.  King,  Leonard,  Linton, 
McKernan,  McPherson,  Rohrer,  Sutton, 
Swearingen,  Williams  of  Caldwell,  and  Mr. 
President— 31 . 

Absent  with  Leave  —Messrs.  Evan-. 
Foster.  Gilbert  of  Platte.  Hughes,  Hus- 
niaim,  Morton,  Newgent,  Nixdorf,  St.  Gem, 
and  Thilenius — 10. 

Absent  without  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid,  D'Oench, 
Fletcher,  Grammer,  Green,  Martin,  Meyer, 
and  Owens — 10. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck — ±. 

So  the  amendment  was  rejected. 

Mr.  Gilstrap  offered  the  following  amend- 
ment : 

Amend  Bill  of  Rights  by  striking  out  the 
third  section,  and  insert  as  follows: 

Sec.  3.  That  no  person  of  African  descent 
can  be  disqualified  as  a  witness,  in  any  case 
in  which  such  persons  shall  be  parties  to  the 
action,  or  the  party  or  parties  injured;  nor 
disabled  to  contract,  except  in  the  case  of 
marriage  with  white  persons;  nor  prevented 
from  acquiring,  holding,  and  transmitting 
property. 

Pending  which,  Mr.  Bonham  moved  to 
adjourn;  which  motion  was  not  agreed  to. 

Mr.  Drake  moved  the  previous  question, 
which  was  sustained. 

The  question  then  recurring  on  Mr.  Gil- 
strap's  amendment,  it  was  rejected. 

Mr.  Drake  moved  that  the  article  on 
Declaration  of  Rights  be  engrossed  for  a 
third  reading,  and  called  tor  the  previous 
question,  which  was  sustained. 

The  question  being  on  the.  engrossment  of 
the  article  on  Declaration  of  Rights,  intro- 
duced by  Mr.  Drake,  Mr.  Gilstrap  de- 
manded the  ayes  and  noes  thereon;  and  the 
vote  being  taken ,  stood  as  follows : 

Ayes — Messrs.  Bonham.  Budd.  Bunce, 
Childress.  Clover,  Davis  of  Nodaway.  Drake, 
Filiey,  Folmsbee.  Fulkerson,  Gamble.  Gil- 
bert of  Lawrence,  Henderson,  Holcomb, 
Holland,  Hume.  King,  Leonard.  McPherson, 
Mack.  Rankin,  Rohrer,  Strong,  Sutton, 
Swearingen,  Weatherby,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—29. 


218 


Noes— Messrs.  Dodson,  Esther,  Gilstrap. 
Linton,  McKernan,  Smith  of  Mercer,  and 
Switzler — 7 . 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
tttann.  Morton,  Newgent,  Nixdorf,  St.  Gem, 
and  Thilenius— 10. 


Sick — Messrs . 
and  Peek — 4 . 


Cowden,  Ellis,  Mitchell, 


- 


Absent  without  Leave — Messrs.  Adams, 
Barr,  Bedford,  Bush,  Davis  of  New  MadricL 
D'Oench,  Fletcher.  Grammer,  Green.  Holds- 
worth,  Martin,  Meyer,  Owens,  and  Smith 
of  Worth— 14. 

So  the  article  was  ordered  to  be  engrossed 
for  a  third  reading. 

On  motion,  the  Convention  adjourned 
until  9  o'clock  to-morrow  morning. 


SEVENTY-THIRD  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Smith  of  Worth  offered  the  follow- 
ing resolution: 

Resolved,  That  the  President  appoint  a 
committee  of  nine,  one  from  each  con- 
gressional district,  to  prepare  and  report  to 
this  body,  at  an  early  day,  an  ordinance  to 
protect  the  purity  of  the  ballot-box. 

Mr.  Holds  worth  offered  the  following 
amendment  to  said  resolution: 

Strike  out  twone  from  each  congressional 
district,"  and  insert  44 the  gentleman  from 
Worth." 

The  President  declared  the  amendment  out 
of  order. 

Mr.  Drake  moved  to  lay  the  resolution  on 
the  table,  and  on  this  motion  demanded  the 
ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Barr,  Bonham,  Budd, 
Bunco,  Childress,  Davis  of  Nodaway,  Drake, 
Esther,  Fulkerson,  Gilbert  of  Lawrence, 
Henderson,  Holland,  Hume,  King,  Leonard, 
McKernan,  McPherson,  Mack,  Rankin, 
Strong,  Sutton,  and  Weatherby — 22. 

Noes — Messrs.-  Bedford,  Bush,  Dodson, 
D'Oench,  Folmsbee,  Holcomb.  Holdsworth, 
Linton,  Martin,  Rohrer,  Smith  of  Mercer, 
Smith  of  Worth,  Swearingen,  Switzler, 
Williams  of  Caldwell,  Williams  of  Scotland, 
and  Mr.  President— 17. 

Absent  with  "Leave — Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Morton,  Newgent,  Nixdorf,  St.  Gem, 
and  Thilenius — 10. 

Absent  without  Leave — Messrs.  Adams, 
Clover,  Davis  of  New  Madrid,  Filley, 
Fletcher,  Gamble,  Gilstrap,  Grammer, 
Green,  Meyer,  and  Owens— 11. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck — L 

So  the  resolution  was  laid  on  the  table. 


TUESDAY,  April  4th,  1865. 

Mr.  Bush  offered  the  following  amend- 
ment to  the  forty -fourth  rule,  which  was 
read  and  laid  over . 

Sec.  4.  Amend  the  amended  rule  forty- 
fourth,  by  striking  out  the  words  "'a  major- 
ity of  the  members  present, ' '  and  insert  in 
lieu  thereof  1  la  majority  of  all  the  members 
elected  to  the  Convention . ' ' 

Mr.  Budd,  chairman  of  the  Committee  on 
Finance,  made  the  following  report,  with 
accompanying  article,  which  article  was 
read  the  first  and  second  time,  laid  on  the 
table,  and  ordered  to  be  printed : 

SUPPLEMENTARY    REPORT    OP    COMMITTEE  ON 
FINANCE. 

The  committee  to  whom  was  referred 
back  the  original  draft  of  the  article  on  State 
Indebtedness,  together  with  a  pending 
amendment  before  the  Convention,  have 
given  the  matter  referred  to  them  that  con- 
sideration which  the  importance  of  the 
subject  demands;  and  submit,  for  the  con- 
sideration of  the  Convention,  the  following 
article  on  State  Indebtedness. 

GEO.  K .  BUDD,  Chairman. 

ARTICLE  I. 

Railroad  Indebtedness . 

Section  1.  The  Pacific  Railroad  Company 
and  Southwest  Branch,  the  North  Missouri 
Railroad  Company,  the  St.  Louis  and  Iron 
Mountain  Railroad  Company,  are  hereby 
required  to  pay  an  annual  tax  of  ten  per 
cent,  on  all  their  gross  receipts  for  freight 
and  passengers,  except  on  transportation  for 
the  government  of  the  United  States,  and 
may  deduct  out  of  the  same  the  United 
States  tax;  and  this  tax  of  ten  per  cent,  shall 
begin  on  the  first  day  of  October,  1865,  and 
be  continued  until  the  first  day  of  October, 
1867,  and  be  paid  quarterly:  and  from  and 
after  the  first  of  October,  1867,  the  said  rail- 
road companies  shall  pay  an  annual  tax  of 


219 


Ifteen  per  cent,  on  their  gross  receipts,  as 
ubresaid;  said  taxes  to  be  paid  quarterly. 
The  money  received  from  the  tax  aforesaid 
shall  be  paid  into  the  State  treasury,  and 
shall  be  appropriated,  by  law.  for  the  pur- 
pose of  paying  the  interest  coupons,  and 
interest  thereon,  and  principal  of  the  bonds 
of  the  Srate.  or  guaranteed^  by  the  State, 
[jissued  to  the  aforesaid  railroad!  companies. 
The  General  Assembly  shall  provide,  by 
i|iaw.  the  manner  in  which  the  said  bonded 
indebtedness  shall  be  paid  from  the  money 
■received  from  the  tax  on  said  roads, 
f  Sec.  2.  This  tax  shall  cease  when  the 
bonded  indebtedness  of  the  State,  issued  to 
the  several  railroad  companies  named  in  arti- 
cle first,  is  fully  liquidated. 
I  Sec.  3.  In  the  event  of  the  Hannibal  and 
,St.  Joseph  Railroad  Company  failing  to  pay. 
when  due.  the  interest  and  principal  of  the 
[State  bonds  issued  to  said  company,  then 
the  tax  levied  on  the  railroads  named  in  sec- 
tion one  -hall  be  levied  and  collected  from 
[the  Hannibal  and  St.  Joseph  Eailroad  Com- 
ma! iy  . 

|  Sec.  4.  In  the  event  of  any  railroad  corn- 
many,  hereinbefore  named,  failing  to  pay  the 
[tax  imposed,  then  it  shall  be  the  duty  of  the 
[Governor  to  advertise  for  sale  the  railroad  1 
[delinquent  in  paying  the  tax;  and  the  Gov- 
ernor may  sell  the  railroad  to  third  parties, 
[or  he  may  purchase  the  railroad  for  the  State. 
Bf  he  deems  it  expedient  tor  the  interest  of 
the  Stare. 

[  Skc.  5.  In  the  event  of  the  railroads 
being  sold,  and  purchased  by  third  parties, 
and  the  bonded  indebtedness  of  the  St-ite 
shall  continue,  then  a  tax  of  one-quarter  of 
lone  per  cent,  on  all  the  real  and  personal 
property  of  the  State,  taxable  by  law,  shall 
[be  levied  and  collected,  until  the  whole 
bonded  indebtedness  of  the  State  shall  be  paid. 

Sec  .  6 .  It  shall  be  the  duty  of  the  collectors 
of  taxes  of  the  several  counties  to  receive  tor 
taxes,  when  tendered,  twenty-five  percent. . 
in  defense  warrants,  of  all  taxes  due,  or 
hereafter  to  become  due,  except  taxes  set 
apart  to  pay  the  military  debt  of  the  State; 
and  this  twenty-five  per  cent,  in  defense 
warrants  shall  be  received  until  all  the  defense 
warrants  shall  be  liquidated. 

Mr.  Bonham  offered  the  following  ordi- 
nance, which  was  read  the  first  and  second 
time,  and  laid  over  under  the  rule: 

ORDINANCE  FOR  PAVING-  MEMBERS.  OFFICERS. 
AND  OTHERS,  OF  THE  MISSOURI  STATE  CONVEN- 
TION. 

Be  it  ordained  by  the  People  of  Missouri,  in 
Convention  assembled : 

Section  1.  There  is  hereby  appropriated, 
out  of  any  money  in  the  State  treasury  not 
Otherwise  appropriated,  twenty  thousand 
dollars,  for  the  payment  of  members,  officers, 
and  others ,  of  the  Missouri  State  Convention . 

Sec.  2.  The  State  treasurer  is  hereby 
authorized  to  pay  to  Ferdinand  Meyer, 
chairman  of  the  Committee  on  Accounts  of 


this  Convention,  said  twenty  thousand  dol- 
lars, taking  his  receipt  therefor. 

Sec.  3.  The  auditor  of  the  State  is  hereby 
authorized  to  audit  the  accounts  of  Ferdinand 
Meyer,  a  member  of  this  Convention,  for  all 
moneys  paid  to  members,  officers,  and 
others,  and  report  the  action  of  this  Conven- 
tion to  the  Legislature,  at  its  session  to  be 
held  in  November,  1865. 

Mr.  Strong,  from  the  Engrossing  Com- 
mittee, reported  back  the  article  on  Declara- 
tion ot  Eights ,  as  truly  engrossed . 

Mr.  Strong,  from  the  Engrossing  Com- 
mittee, reported  back  the  article  on  the 
Mode  of  Amending  the  Constitution,  as 
truly  engrossed. 

Mr.  Drake  moved  that  the  article  on 
Declaration  of  Eights  be  taken  up ;  on  which 
motion  he  demanded  the  previous  question, 
which  was  sustained. 

The  question  then  being  on  the  adoption 
of  the  Declaration  of  Eights,  Mr.  Drake 
demanded  the  ayes  and  noes  thereon;  and  the 
vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr.  Bonham.  Budd, 
Bunce.  Bush.  Childress,  Davis  of  Nodaway, 
Drake,  Esther.  Filley.  Folmsbee.  Fulkerson, 
Gilbert  of  Lawrence,  Henderson.  Holds- 
worth.  Holland,  Hume,  King.  Leonard, 
McPherson,  Mack.  Martin.  Meyer,  Rankin, 
Strong,  Sutton.  Swearingen.  Weatherby. 
Williams  of  Caldwell.  Williams  of  Scotland, 
and  Mr.  President — 31. 

Noes — Messrs  Dodson.  D'Oench,  Linton, 
McKernan,  Eohrer.  Smith  of  Mercer,  Smith 
of  Worth,  and  Switzler — 8. 

Absent  with  Leave — Messrs.  Evans. 
Foster.  Gilbert  of  Platte.  Hughes,  Hus- 
maim.  Morton.  Newgent,  Nixdorf,  St.  Gem, 
and  Thilehius— 10. 

Sick— Messrs.  Cowden.  Ellis,  Mitchell, 
and  Peck— 4. 

Absent  without  Leave — Messrs.  Adams, 
Bedford.  Clover.  Davis  of  New  Madrid, 
Fletcher,  Gamble.  Gilstrap.  Grammer, 
Green,  Holcomb,  and  Owens — 11. 

So  the  article  was  adopted,  and,  under  the 
rule,  referred  to  the  Eevising  Committee. 

Mr.  Drake  moved  to  take  up  the  article 
on  the  Mode  of  Amending  and  Eevising  the 
Constitution,  which  was  agreed  to. 

Mi-.  Bush  offered  the  following  amend- 
ment thereto,  which  was  adopted  : 

Amend  by  striking  out.  in  section  three, 
in  lines  fourteen  and'  fifteen,  the  words  -  -on 
the  fourth  Wednesday  succeeding  their  elec- 
tion;" and  insert,  inline  fifteen,  after  the 
word  '  'such. ' '  the  words  k  'time  and; ' '  and 
by  striking  out,  in  line  sixteen,  the  words 
••in  such  manner  as  they  may  determine 
upon . ' ? 


220 


Mr.  Bush  offered  the  following  amend- 
ment, which  was  rejected: 

Amend  further  by  striking  out  the  words 
"not  less  than  sixty  nor  more  than  ninety 
days  after  that  on  which  it  shall  have  been 
adopted  by  the  Convention, ' '  in  lines  nine- 
teen and  twenty. 

Mr.  Drake  moved  the  adoption  of  the 
article  on  the  Mode  of  Amending-  the  Con- 
stitution. 

On  this  motion  Mr.  Barr  demanded  the 
ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Bush.  Clover,  Davis  of  Nodaway, 
Dodson,  Drake.  Esther,  Filley,  Folmsbee, 
Fulkerson,  Gilbert  of  Lawrence,  Hender- 
son, Holcomb,  Holds  worth,  Holland,  Hume, 
King,  Leonard,  McKernan,  McPherson, 
Mack,  Martin,  Meyer,  Rankin,  Rohrer, 
Smith  of  Mercer,  "  Strong,  Swearingen, 
Switzler,  Weatherby,  Williams  of  Caldwell, 
and  Williams  of  Scotland— 35. 

Noes — None. 

Absent  with  Leave — Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Morton,  Newgent,  Nixdorf,  St. 
Gem,  Thilenius,  and  Mr.  President — 11. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Childress,  Davis  of  New  Madrid, 
D'Oench,  Fletcher,  Gamble,  Gilstrap, 
Grammer,  Green,  Linton,  Owens,  Smith 
of  Worth,  and  Sutton— 14. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck — 1. 

So  the  article  was  adopted,  and,  under  the 
rule,  referred  to  the  Revising  Committee. 

Mr.  Drake  moved  to  take  up  the  article 
on  the  Judicial  Department,  which  was 
agreed  to . 

Mr.  Strong  offered  the  following  amend- 
ment thereto,  which  was  adopted: 

Amend  section  eighteen  by  inserting,  after 
the  word  '  'been, ' '  in  the  fifth  line  of  page 
eighth,  engrossed  bill,  the  following  words: 
"a  citizen  of  the  United  States  five  years, 
and . ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  three  by  inserting  the  word 
'  'other' '  before  the  word  '  'original. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  page  six,  line  eighteen  of  said 
page,  by  inserting,  after  the  word  '  'judges, ' ' 
the  words  '  'of  the  circuit  court  of  the  county 
of  St.  Louis." 

Mr.  Smith  of  Mercer  offered  the  following 
amendment: 

Amend  section  fourteen  by  striking  out 
the  words  '  'not  exceeding  sixteen. ' ' 


On  this  question  Mr.  Bonham  demanded 
the  ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Barr,  Bunce,  Bush,  Chil- 
dress, Clover,  Dodson,  Drake,  Esther, 
Folmsbee,  Fulkerson,  Gilbert  of  Lawrence, 
Henderson,  Holcomb,  Holds  worth,  Hol- 
land, Hume,  King,  Linton,  McKernan, 
McPherson,  Mack,"  Meyer,  Rankin,  Smith 
of  Mercer,  Swearingen,  Switzler,  and  Wil- 
liams of  Caldwell— 27. 

Noes — Messrs.  Bonham,  Budd,  Davis  of 
Nodaway,  Martin,  Strong,  Weatherby,  and 
Williams  of  Scotland— 7. 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Morton,  Newgent,  Nixdorf,  St.  Gem, 
Thilenius,  and  Mr.  President — 11. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  D'Oench, 
Filley,  Fletcher,  Gamble,  Gilstrap,  Gram- 
mer, Green,  Leonard,  Owens,  Rohrer, 
Smith  of  Worth,  and  Sutton — 15. 

Sick— Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck— 4. 

So  the  amendment  was  adopted. 

On  motion  of  Mr.  Gilbert  of  Lawrence, 
the  Convention  adjourned  until  half-past  2 
o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Drake,  chairman  of  the  Revising 
Committee,  presented  the  following  report: 

Mr.  President:  The  Revising  Commit- 
tee, to  whom  was  referred  the  article  entitled 
Declaration  of  Rights,  beg  leave  to  report 
the  same  back  without  amendment. 

CD.  DRAKE,  Chairman. 

Which  was  read  and  adopted . 
Mr.  Drake,   chairman  of  the  Revising 
Committee,  presented  the  following  report: 

Mr.  President:  The  Revising  Commit- 
tee, to  whom  was  referred  the  article  on  the 
Mode  of  Amending  and  Revising  the  Consti- 
tution, beg  leave  to  report  the  same  back 
without  amendment. 

CD.  DRAKE,  Chairman. 

Which  was  read  and  adopted. 

Mr.  Drake  moved  that  the  article  on 
Judicial  Department  be  enrolled  as  a  part  of 
the  Constitution. 

On  which  motion  Mr.  Bonham  demanded 
the  ayes  and  noes  ;  and  the  vote  being 
taken,  stood  as  follows: 

Ayes— Messrs.  Bedford,  Bunce,  Childress, 
Clover,  Davis  of  Nodaway,  Dodson,  Drake, 
Esther,  Filley,  Fulkerson,  Gilbert  of  Law- 
rence, Henderson,  Holcomb,  Holds  worth, 


221 


Holland.  Hume,  King,  McKernan,  Mc- 
pherson, Mack,  Martin,  Rankin.  Sutton, 
Swearing-en,  Weatherby,  and  Williams  of 
Scotland— 26. 

Noes — Messrs.  Bonham,  Smith  of  Worth, 
and  Mr.  President— 3. 

Absent  with  Leave — Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Husmann, 
Morton,  Newgent,  St.  Gem,  and  Thi- 
lenius — 9. 

Absent  without  Leave — Messrs.  Adams, 
Barr.  Budd.  Bush,  Davis  of  New  Madrid, 
D'Oench,  Fletcher,  Folmsbee,  Gamble, 
Gilstrap,  Grammer,  Green,  Leonard,  Lin- 
ton. Meyer,  Nixdorf,  Owens,  Rohrer,  Smith 
of  Mercer,  Strong,  Switzier,  and  Williams 
of  Caldwell— 22. 

Sick  — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck— J:. 

No  quorum  being  present,  Mr.  Drake 
moved  a  call  of  the  house,  which  was  or- 
i  dered,  and  the  following  members  responded 
I  to  their  names : 

Messrs.  Bedford,  Bonham,  Bunce,  Chil- 
■  dress.  Clover,  Davis  of  Nodawav.  Dodson, 
:  Drake.  Esther,  Filley,  Fulkerson^  Gilbert 
I  of  Lawrence,  Henderson,  Holcomb,  Holds- 
worth,  Holland,  Hume,  King,  McKernan, 
McPherson,  Mack,  Martin,  Rankin,  Swear- 
ingen,  Weatherby,  Williams  of  Scotland, 
and  Mr.  President — 27. 

Absent  with  Leave — Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann. Morton,  Newgent,  St.  Gem.  and 
Thilenius— 9. 

Abse nt  without Le ave — Messrs .  Adams, 
Barr,  Budd,  Bush,  Davis  of  New  Madrid, 
D'Oench,  Fletcher,  Folmsbee,  Gamble. 
Gilstrap,  Grammer,  Green,  Leonard.  Lin- 
ton, Meyer,  Nixdorf,  Owen,  Rohrer,  Smith 
of  Mercer,  Smith  of  Worth,  Strong,  Sut- 
ton, Switzier.  and  Williams  of  Caldwell — 24. 

Sick— Messrs.  Cowden,  Ellis.  Mitchell, 
and  Peck — 4 . 

Members  having  come  in,  and  a  quorum 
being  present,  on  motion  of  Mr.  Mack, 
further  proceedings  under  the  call  were  dis- 
pensed with. 

Mr.  Drake  moved  that  the  article  on  the 
Judicial  Department  be  enrolled  as  a  part  of 
the  Constitution . 

On  this  motion  Mr.  Bonham  demanded 
the  ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows: 

Ayes — Messrs.  Barr,  Bedford.  Budd, 
Bunce,  Childress,  Clover,  Davis  of  Nodaway, 
Dodson,  Drake,  Esther,  Filley,  Folmsbee, 
Fulkerson,  Gilbert  of  Lawrence,  Henderson, 
Holcomb,  Holdsworth.  Holland,  Hume, 
King,  Linton,  McKernan,  McPherson.  Mack, 
Martin,  Rankin,  Rohrer,  Sutton,  Swear- 
ingen,  Weatherby,  Williams  of  Caldwell, 
and  Williams  of  Scotland— 32. 

Noes — Messrs.  Bonham,  Smith  of  Worth, 
and  Mr.  President— 3. 


Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Husmann, 
Morton,  Newgent,  St.  Gem,  and  Thilenius 
—9. 

Absent  without  Leave— Messrs.  Adams, 
Bush,  Davis  of  New  Madrid,  D'Oench, 
Fletcher,  Gamble.  Gilstrap.  Grammer, 
Green,  Leonard,  Meyer,  Nixdorf,  Owens. 
Smith  of  Mercer,  Strong,  and  Switzier — 16. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck — ±. 

So  the  article  was  ordered  to  be  enrolled 
as  a  part  of  the  Constitution. 

Upon  motion  ot  Mr.  Smith  of  Worth,  the 
article  on  Education,  with  pending  amend- 
ments thereto,  was  taken  up. 

Mr.  Gilbert  of  Lawrence  offered  the 
following  amendment: 

Add  to  section  seventh  the  following: 
Nothing  herein  contained  shall  be  so  con- 
strued as  to  prohibit  those  counties,  town- 
ships, and  school  districts,  now  depopulated 
in  consequence  of  the  present  rebellion,  from 
receiving  their  -hare  of  the  public  school 
funds.  When  they  shall  have  been  reinhab- 
ited,  that  may  be  due  them  since  the  year 
1861. 

Which  was  disagreed  to. 
Mi*.  Smith  of  Worth  offered  the  following 
amendment: 

Strike  out  all  after  the  word  4,for"  in 
fourth  line  of  the  eighth  section. 

On  this  amendment  Mr.  Holcomb  de- 
manded the  ayes  and  noes;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Barr.  Bush,  Dodson,  Ful- 
kerson. Gilbert  of  Lawrence,  Holcomb, 
Holdsworth.  Leonard.  Linton.  Martin, 
Rohrer.  Smith  of  Mercer.  Smith  of  Worth.. 
Swearingen.  Williams  of  Caldwell,  and  Wil- 
liams of  "Scotland — 16. 

Noes — Messrs.  Bonham,  Budd,  Childress. 
Clover,  Davis  of  Nodaway,  Drake.  Esther, 
Filley,  Folmsbee,  Henderson,  Holland. 
Hume,  King.  McKernan,  McPherson,  Mack, 
Meyer,  Rankin,  Strong,  Sutton.  Switzier, 
Weatherby,  and  Mr.  President — 23. 

Absent  with  Leave — Messrs.  Evans,  Fos- 
ter, Gilbert  of  Platte,  Hughes.  Husmann. 
Morton.  Newgent,  St.  Gem,  and  Thilenius 
—9. 

Absent  without  Leave — Messrs  Adams. 
Bedford.  Bunce,  Davis  of  New  Madrid, 
D'Oench,  Fletcher,  Gamble.  Gilstrap, 
Grammer,  Green,  Nixdorf,  and  Owens — 12. 

Sick— Messrs.  Cowden,  Ellis.  Mitchell, 
and  Peck — 4. 

So  the  amendment  was  disagreed  to. 

Mr.  Holdsworth  offered  the  following 
amendment: 

Amend  section  eight  by  striking  out,  in 
line  one,  after  the  word  4 ' shall to  the 
word  '  "reduce, ' '  in  line  two;  and  after  the 


222 


word  "•for,"  in  line  four,  to  the  word 
' 4 and, "  in  line  seven. 

On  which  Mr.  Smith  of  Worth  demanded 
the  ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows  : 

Ayes — Messrs.  Barr,  Dodson,  Folmsbee, 
Holdsworth,  Leonard,  Rohrer,  Smith  of 
Worth,  Weatherby,  Williams  of  Caldwell, 
and  Williams  of  Scotland — 10. 

Noes — Messrs.  Bonham,  Budd,  Bunce, 
Bush,  Childress,  Clover,  Davis  of  Noda- 
way, Drake,  Ellis,  Filley,  Fulkerson,  Gil- 
bert of  Lawrence,  Henderson,  Holcomb, 
Holland,  Hume,  King,  Linton,  McKernan; 
McPherson,  Mack,  Meyer.  Rankin,  Strong, 
Sutton,  Swearingen,  Switzler,  and  Mr. 
President — 28. 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Martin,  Morton,  Newgent,  St.  Gem, 
and  Thilenius — 1 0 . 

Absent  without  Lwavk — Messrs.  Adams. 
Bedford,  Davis  of  New  Madrid,  D'Oench, 
Fletcher,  Gamble,  Gilstrap,  Grammer, 
Green,  Nixdorf,  Owens,  and  Smith  of  Mer- 
cer—12. 

Sick— Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck — 4 . 

So  the  amendment  was  rejected. 

Mr.  Smith  of  Worth  offered  the  following 
amendment,  which  was  disagreed  to: 

Strike  out  6  'sixteen. ' '  in  The  seventh  line 
of  the  seventh  section,  and  insert  •■thirty- 
two." 

Mr.  Smith  of  Worth  offered  the  following 
amendment,  which  was  disagreed  to: 

Strike  out  the  word  "four,''  and  insert 
'  *two  ' '  in  the  sixth  line  of  the  third  section. 

Mr.  Bush  offered  the  following  amend- 
ment, which  was  disagreed  to: 

Amend  section  six  by  striking  out,  in  lines 
three,  four,  five,  and  "six,  all  between  the 
word  k  "corporation, "  in  third  line,  and  the 
words  "the  proceeds, ' '  in  seventh  line. 

Mr.  Smith  of  Worth  offered  the  following 
amendment,  which  was  read: 

Amend  section  eight,  in  line  six,  after  the 
word  "county,"  by  inserting  "except 
swamp  and  overflowed  las  ids,  and  the  pro- 
ceeds thereof. ' ' 

On  this  amendment,  Mr.  Smith  of  Worth  ! 
demanded  the  ayes  and  noes ;  and  the  vote  | 
being  taken,  stood  as  follows: 

Ayes— Messrs.  Barr,  Dodson,  Folmsbee, 
Holcomb,  Holdsworth.,  Leonard,  Smith  of 
Worth,  Swearingen,  and  Williams  of  Cald- 
well—9. 

Noes — Messrs.  Bonham.  Budd,  Bunce, 
Bush.  Childress,  Clover,  Davis  of  Nodaway, 
Drake,  Esther,  Fulkerson,  Gilbert  of  Law- 
rence, Henderson,  Holland,  Hume,  King, 


Linton,  McKernan,  McPherson,  Mack,  S 
Martin,  Rankin,  Rohrer.  Strong,  Sutton,  J 
Switzler,  Weatherby,  and  Mr.  President — 27. I 
Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Morton,  Newgent,  St.  "Gem,  and  I 
Thilenius— 9. 

Absent  wi  thout  Leave— Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  D'Oench,! 
Filley,  Fletcher,  Gamble,  Gilstrap,  Gram- i 
mef,  Green,  Meyer,  Nixdorf,  Owens,  Smith 
of  Mercer,  and  Williams  of  Scotland— 14. 

Sick— Messrs.  Cowden,  Ellis,  Mitchell,) 
and  Peck — 1. 

So  the  amendment  was  rejected. 

Mr.  Bonham  moved  that  the  article  on 
Education  be  engrossed  for  a  third  reading, 
and  on  that  motion  demanded  the  previous 
question,  which  was  sustained. 

The  question  then  being  on  the  motion  to 
engross,  Mr.  Bonham  demanded  the  ayes 
and  noes  thereon;  and  the  vote  being  taken, 
stood  as  follows: 

Ayes — Messrs.  Bonham,  Budd,  Bunce, 
Childress,  Clover,  Davis  of  Nodaway,  Drake, 
Esther,  Folmsbee,  Fulkerson,  Gilbert  of 
Lawrence.  Henderson,  Holland.  Hume, 
King,  McKernan,  McPherson,  Mack,  Ran- 
kin,' Strong,  Sutton,  Weatherby,  and  Mr. 
President — 23 . 

Noes  —  Messrs.  Barr,  Bush,  Dodson, 
Holcomb,  Holdsworth,  Leonard,  Linton, 
Martin,  Rohrer,  Smith  of  Worth,  Swearin- 
gen, Switzler,  and  Williams  of  Scotland — 13. 

Absent  with  Leave  —  Messrs.  Evans, 
Foster,  Gilbert  of  Platte,  Hughes,  Husmann, 
Morton,  Newgent,  St.  Gem,  and  Thilenius 
—9. 

Absent  without  Leave — Messrs.  Adams, 
Bedford,  Davis  of  New  Madrid,  D'Oench, 
Filley,  Fletcher,  Gamble,  Gilstrap,  Gram- 
mer, Green,  Meyer,  Nixdorf,  Owens,  Smith 
of  Mercer,  and  Williams  of  Scotland— 15. 

Sick — Messrs.  Cowden,  Ellis,  Mitchell, 
and  Peck — i. 

So  the  article  was  ordered  to  be  engrossed. 

Mr.  Strong,  from  the  Committee  on 
Engrossment,  reported  the  article  on  Im- 
peachments as  truly  engrossed;  which  report 
was  received  and  adopted. 

Mr.  Drake,  chairman  of  the  Revising 
Committee,  made  the  following  report: 

Mr.  President:  The  Revising  Committee, 
to  whom  was  referred  the  article  on  the 
Legislative  Department,  beg  leave  to  report 
the^same  back  without  amendment. 

CD.  DRAKE,  Chairman. 

Mr.  Smith  of  Worth  offered  the  follow- 
ing amendment  to  said  article : 

Amend,  by  way  of  rider,  by  striking  out 
section  twenty -eight. 


223 


The  question  being  on  the  amendment 

offered  by  Mr.  Smith  of  Worth,  he  demanded  j 
•jthe  ayes  and  noes  thereon;  and  the  vote  ; 
!  being  taken,  stood  as  follows: 
;    Ayes  —  Messrs.    Henderson.    Smith  of 

Worth,  Weatherby,  Williams  of  Caldwell. 

and  Mr.  President — 5. 

Xoes  —  Messrs.  Barr,  Bonham,  Budd, 
[Biince,  Bush.  Childress.  Clover,  Davis  of 
f Nodaway,  Dodson.  Drake,  Esther.  Folms-  ; 

bee,  Fulkerson,  Gilbert  of  Lawrence.  Hoi-  j 
|  comb.  Holdswortb,  Holland,  Hume,  King,  | 
[Leonard.  Linton,  McKernan,  McPnerson,  I 
iMack.  Martin.    Meyer.   Rankin,  Rohrer, 
;  Strong.   Sutton,  Swearingen,   and  Switz- 
;ler— 32. 

Absent  with  Leave — Messrs.  Evans. 
[  Foster.  Gilbert  of  Platte,  Hughes,  Husmann, 
i  Morton.  Newgent,   St.   Gem.   and  Thile- j 
nius— 9. 

Absent  without  Leave — Messrs.  Adam-. 
<  Bedford.  Davis  of  New  Madrid,  D'Oehch,  : 
Filley,  Fletcher.  Gamble.  Gilstrap,  Gram- 
mer/  Green,   Xixdorf.  Owens,  Smith  of 
Mercer,  and  Williams  of  Scotland — 14. 

Sick — Messrs.  Cowden,   Ellis,  Mitchell, 
and  Peck— 1. 

So  the  amendment  was  rejected. 

Mr.  Smith  of  Worth  offered  the  follow- 
ing amendment,  which  was  disagreed  to: 

Amend,  by  way  of  rider,  by  striking*  out 
section  twenty-nine . 

Mr.  Smith  of  Worth  offered  the  follow- 
ing amendment,  which  was  disagreed  to: 

Amend,  by  way  of  rider,  section  twenty- 
nine,  by  striking' out  the  following  words: 
4  'a  territory  of  less  than  live  hundred  square 
miles,  or  with. ' ' 

3Ir.  Drake  moved  that  the  article  on 
Legislative  Department  be  enrolled  as  a 
parr  of  the  Constitution,  on  which  he 
demanded  the  ayes  and  noes:  and  the  vote 
being  taken,  stood  as  follows : 

Ayes — Messrs.  Barr,  Bontiam,  Budd, 
Bunce.  Childress.  Clover.  Davis  of  Noda- 
way. Dodson.  Drake.  Esther.  Folmsbee, 
Fulkerson.  Gilbert  of  Lawrence,  Henderson^ 
Holdswortb,  Hume.  King,  Leonard.  McKer- 
nan,  McPherson,  MaekT  Martin.  Rankin. 
Strong.  Sutton,  Swearingen.  Weatherby, 
and  Williams  of  Caldwell— 28.' 

Noes— Messrs.  Bush.  Holcomb,  Holland, 
Linton.  Meyer,  Rohrer,  Smith  of  Worth, 
Switzler,  and  Mr.  President — 9. 

Absent  with  Leave — Messrs.  Evans, 
Foster,  Gilbert  of  Platte.  Hughes,  Hus- 
niann.  Morton,  Newgent.  St.  Gem,  and 
Thilenius— 9. 

Absent  without  Leave — Messrs.  Adams, 
Bedford.  Davis  of  New  Madrid,  D'Oeneh, 
Filiey.  Fletcher.  Gamble.  Gilstrap.  Gram- 
mer,  Green.  Nixdorf.  Owens.  Smith  of 
Mercer,  and  Williams  of  Scotland— 14. 

Sick— Messrs.  Cowden,  Ellis.  Mitchell, 
and  Peck — 4. 


So  the  article  was  ordered  to  be  enrolled 
as  a  part  of  the  Constitution. 

Mr.  Drake,  chairman  of  the  Revising 
Committee,  made  the  following  report: 

Mr.  President:  The  Revising  Commit- 
tee, to  whom  was  referred  the  article  on  the 
Judicial  Department,  beg  leave  to  report,  the 
same  back  without  amendment. 

C.  D.  DRAKE,  Chairman. 

Which  report  was  read  and  adopted. 

Mr.  Drake  moved  that  the  article  be  read 
a  third  time  and  put  upon  its  final  passage, 
which  was  agreed  to,  and  the  article  ordered 
to  be  enrolled  as  a  part  of  the  Constitution. 

Mr.  Drake,  chairman  of  the  Revising 
Committee,  presented  the  following  report: 

Mr.  President:  The  Revising  Commit- 
tee, to  whom  was  referred  the  article  on 
Impeachments,  beg  leave  to  report  the  same 
back  without  amendment. 

CD.  DRAKE,  Chairman. 

Which  report  was  read  and  adopted. 

Mr.  Strong:,  from  the  Committee  on 
Engrossment,  reported  back  the  article  on 
Banks  and  Corporations  as  truly  engrossed. 

Mr.  Drake  offered  the  following  amend- 
ment to  said  article: 

Amend  section  one,  line  five,  by  striking 
out  the  word  '  'Legislature, '  *  and  inserting 
in  lieu  thereof  the  words  ' 1  General  Assem- 
bly." 

Which  was  adopted. 

On  motion  of  Mr.  Drake,  the  article  on 
Banks  and  Corporations  was  read  the  third 
time,  adopted,  and  ordered  to  be  referred, 
under  the  rule,  to  the  Revising  Committee. 

On  motion  of  Mr.  Bonham,  the  ordinance 
offered  by  him  this  forenoon  was  called  up , 
and  he  presented  the  following  substitute 
therefor : 

AX  ORDINANCE  for  paying  the  officers, 
members,  axd  others,  OF  THE  MISSOURI 
STATE  CONVENTION. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  in  Convention  assembled,  as  fol- 
lows  : 

1.  That  there  be,  and  is  hereby,  appro- 
priated, out  of  any  money  in  the  treasury  of 
this  State,  the  sum  of  twenty  thousand  dol- 
lars, for  the  payment  of  members,  and  all 
other  expenses,  of  the  Missouri  State  Con- 
vention. 

2 .  The  State  treasurer  is  hereby  required 
and  authorized  to  pay  to  the  chairman  of 
the  Committee  on  Accounts  (Mr.  Ferdinand 
Meyer)  the  aforesaid  sum  of  twenty  thousand 
dollars,  and  to  take  his  receipt  therefor;  and 
the  Committee  on  Accounts  shall  audit  all 
indebtedness  incurred  by  this  Convention; 


224 


and  if  any  debts  should  remain  unpaid  after 
the  above  appropriation  is  exhausted,  then 
the  General  Assembly,  at  its  next  session, 
shall  provide  for  the  full  and  complete  pay- 
ment of  the  same. 

3.  The  auditor  of  public  accounts  is  re- 
quired and  authorized  to  audit  the  accounts 
of  the  Committee  on  Accounts,  and  make 
full  settlement  with  them,  paying1  them  the 
per  diem  and  mileage  now  allowed  to  a 
member  for  all  necessary  time  occupied, 
and  journeys  made,  after  the  close  of  this 
Convention. 


Mr.  Bush  offered  the  following  amend 
ment,  which  was  read: 

Amend  section  one  by  inserting,  after  th 
words  "treasury  of  the  State,"  the  word 
*  'not  otherwise  appropriated. ' ' 

Which  was  disagreed  to. 

On  motion  of  Mr.  Bonham,  this  ordinanc 
was  ordered  to  be  engrossed  for  a  thin 
reading . 

On  motion  of  Mr.  Drake,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow 
morning:. 


SEVENTY-FOURTH  DAY. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Armstrong. 

Mr.  Bush  called  up  his  proposed  amend- 
ment to  the  standing  rule  number  forty -four, 
offered  yesterday. 

Mr.  Drake  moved  the  previous  question, 
which  was  sustained. 

The  question  then  being-  on  adopting  the 
amendment  of  Mr.  Bush  to  the  forty-fourth 
standing  rule,  Mr.  Bush  demanded  the  ayes 
and  noes  thereon;  and  the  vote  being-  taken, 
stood  as  follows : 

Ayes — Messrs.  Bedford,  Bush,  D'Oench, 
Evans,  Gilstrap,  Green,  Holcomb,  Holds- 
worth.  Linton,  Martin,  Meyer,  Rohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Switzler, 
and  Mr.  President— 16. 

Noes — Messrs.  Barr,  Bonham,  Budd. 
Bunce,  Childress,  Davis  of  Nodaway,  Dod- 
son,  Drake,  Esther,  Filley,  Folmsbee,  Ful- 
kerson,  Gamble,  Gilbert  of  Lawrence,  Hen- 
derson, Holland,  Hume,  King,  Leonard, 
McKernan,  McPherson,  Mack,  Rankin, 
Strong,  Sutton,  Swearingen,  Weatherby, 
Williams  of  Caldwell,  and  Williams  of  Scot- 
land—29. 

Absent  with  Leave — Messrs.  Foster, 
Fletcher,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Morton,  Newgent,  St.  Gem,  and 
Thilenius— 9. 

Absent  without  Leave — Messrs.  Clover. 
Davis  of  New  Madrid,  Grammer,  Nixdorf, 
and  Owens — 5. 

Sick — Messrs.  Adams,  Cowden,  Ellis, 
Mitchell,  and  Peck — 5. 

So  the  amendment  of  Mr.  Bush  to  the 
forty-fourth  standing  rule  was  not  adopted . 

Mr.  Switzler  moved  that  leave  of  absence 
be  granted  to  Mr.  Owens,  on  account  of  hold- 


WEDNE SD AY ,  April  5th,  1SG5. 

ing  court  in  his  circuit,  which  was  no 
granted. 

Mr.  Drake,  chairman  of  the  Revising 
Committee,  offered  the  following;  report: 

Mr.  President:  The  Revising  Commit 
tee,  to  whom  was  referred  the'  article  oi 
Banks  and  Corporations,  beg-  leave  to  repor 
the  same  back  without  amendment. 

C.  D.  DRAKE,  Chairman. 
On  motion  of  Mr.  Drake,  the  article  or 
Banks  and  Corporations  was  ordered  to  tx 
enrolled  as  a  part  of  the  Constitution. 

Mr.  Drake  moved  that  the  vote  by  whip! 
the  article  on  the  Legislative  Department  was 
!  ordered  to  be  enrolled  as  a  part  of  the  Con- 
|  stitution.  be  reconsidered,  which  motion  w? 
j  agreed  to. 

Mr.  Drake  offered  the  following  amend- 
!  ment,  by  way  of  rider,  which  was  read  tin 
;  first  and  second  time,  and  adopted: 

Amend,  by  way  of  rider,  on  page  three, 
line  four,  by  inserting,  between  the  word 
4 'each"  and  the  word  "Senators,"  tlw 
word  and  figure  "section  7.  '•' 

Mr.  Drake  offered  the  following  amend- 
ment, by  way  of  rider,  which  was  read  the 
first  and  second  time,  and  adopted: 

Amend,  by  Avay  of  rider,  on  page  eight, 
j  lines  seventeen  and  eighteen,  by  striking 
!  out  the  words  '  'after  the  first  day  of  July, 
|  one  thousand  eight  hundred  and  sixty-five.' 

Mr.  Linton  offered  the  following  amend  - 
!  ment,  by  way  of  rider,  which  was  read  the 
j  first  time  : 

Amend  section  thirty-live,  by  way  of 
j  rider,  by  inserting,  after  the  words  "public 
I  schools,"  the  words  "orphan  asylums 
I  and  graveyards. ' ' 


225 


Mr.  Strong  objected  to  the  second  read- 
ing of  the  amendment;  on  which  motion 
Mr.  Drake  demanded  the  previous  ques- 
tion, which  was  sustained  by  the  Conven- 
tion. 

The  question  then  being  on  the  rejection 
of  the  amendment  offered  by  Mr.  Linton, 
LMr.  Linton  demanded  the  ayes  and  noes 
thereon;  and  the  vote  being-  taken,  stood  as 
follows : 

Ayes — Messrs.  Bonham,  Budd,  Bimce, 
Childress,  Davis  of  Nodaway,  Drake, 
Folrnsbee,  Fulkerson,  Holdsworth,  King, 
Leonard,  McPherson,  Mack,  and  Strong — 14. 

Noes — Messrs.  Barr,  Bedford,  Bush,  Dod- 
;on,  D'Oench,  Esther.  E\ans,  Filley,  Gam- 
ble, Gilbert  ot  Lawrence,  Gilstrap,  Hender- 
son, Holcomb,  Holland,  Hume,  Linton, 
HEcKernan,  Martin,  Meyer,  Eohrer,  Smith 
b£  Mercer,  Sutton,  Swearingen,  Svvitzler, 
Weatherby,  "Williams  of  Caldwell,  and  Mr. 
President — 27. 

i  Absext  with  Leave — Messrs.  Foster, 
Fletcher,  Gilbert  of  Platte,  Hughes,  Hus- 
nann,  Morton,  Newgent,  St.  Gem,  and 
E*hilenius — 9. 

Absent  without  Leave — Messrs.  Clover- 
Davis  of  New  Madrid,  Graminer,  Green, 
vixdorf,  Owens,  Rankin,  Smith  of  Worth, 
Kid  Williams  of  Scotland — 9. 
I  Sick  —  Messrs.  Adams,  Cowden,  Ellis, 
ptchell,  and  Peck— 5. 

So  the  amendment  was  not  rejected,  and  it 
■jts  read  a  second  time. 

Mr.  Drake  moved  the  previous  question, 
Irhich  was  sustained. 

The  question  then  being  on  the  adop- 
tion of  the  amendment  offered  by  Mr.  Lin- 
on,  which  had  been  read  the  first  and 
■Second  time,  Mr.  Eohrer  demanded  the 
{yes  and  noes;  and  the  vote  being  taken, 
itood  as  follows: 

j;  Ayes  — Messrs.   Barr,   Budd,  Childress, 
Navis    of    Nodaway,    Dodson,  D'Oench, 
►rake,  Esther,  Evans.  Filley,  Fulkerson, 
amble,  Gilbert  of  Lawrence,  Henderson, 
tblcomb,    Holland,    Linton,  McKernan, 
lack,   Martin,   Meyer,   Rankin,  Rohrer, 
fniith    of  Mercer,    Sutton,  Swearingen, 
j:\vitzler,  Weatherby,  and  Williams  of  Cald- 
well—29. 

Noes — -Messrs.  Bonham,  Fohnsbee, 
Ijtoldsworth,  Hume,  King,  McPherson, 
(pong,  and  Williams  of  Scotland— 8. 

Absent  with  Leave — Messrs.  Foster. 

letcher,  Gilbert  of  Platte,  Hughes,  Hus- 
Ipann,  Morton,  Newgent,  St.  Gem,  Thile- 

lus,  and  Mr.  President— 10. 

Absent  without  Leave— Messrs.  Bed- 

>rd,  Bunce,  Bush,  Clover,  Davis  of  New  \ 

N 


Madrid,  Gilstrap,  Grammer.  Green,  Leon- 
ard. Nixdorf,  Owens,  and  Smith  of  Worth 
—12. 

Sick — Messrs.  Adams,  Cowden.  Ellis, 
Mitchell,  and  Peck— 5. 

So  the  amendment  of  Mr.  Linton  was  not 
adopted ;  not  having  received  the  votes  of  a 
majority  of  all  the  members  elected  to  the 
Convention,  as  required  by  the  third  section 
of  the  forty-fourth  rule. 

Mr.  Drake  moved  that  the  article  on 
Legislative  Department  be  enrolled  as  a 
part  of  the  Constitution ;  on  which  motion  he 
demanded  the  previous  question,  which  was 
sustained. 

The  question  then  being,  * -Shall  this  arti- 
cle be  enrolled  as  a  part  of  the  Constitu- 
tion? ' '  it  was  decided  in  the  affirmative,  and 
the  article  was  ordered  to  be  so  enrolled. 

Mr.  Strong,  chairman  of  the  Committee 
on  Engrossing,  offered  the  following  report: 

The  Committee  on  Engrossed  Articles 
respectfully  report  that  the}'  have  examined 
the  article  entitled  Executive  Department, 
and  find  it  correctly  engrossed. 

GEO.  P.  STRONG,  Chaivman. 

Mr.  Drake  offered  the  following  amend  - 
ment  to  said  article,  which  was  adopted: 

Amend  by  striking  out  section  twenty- 
two  . 

Mr.  Drake  offered  the  following  amend- 
ment to  said  article,  which  was  adopted: 

Amend,  on  page  six,  by  striking  out  sec- 
tion twenty,  and  insertrngin  lieu  thereof  the 
following: 

Sec.  20.  The  Secretary  of  State  shall  be 
the  custodian  of  the  seal  of  State,  and  shall 
authenticate  therewith  all  official  aets  of  the 
Governor,  his  approbation  of  laws  excepted. 
The  said  seal  shall  be  called  "The  Great 
Seal  of  the  State  of  Missouri,'''  and  the 
emblems  and  devices  thereof,  heretofore  pre- 
scribed by  law,  shall  not  be  subject  to 
change. 

Mr.  Drake  offered  the  following  amend- 
ments to  said  article,  which  were  adopted: 

Amend,  on  page  seven,  line  seven,  by 
striking  out  the"  word  '-vacancies,"  and 
insert  in  lieu  thereof  the  words  "a  vacancy 
shall;' '  and  by  striking  out  of  lines  eight 
and  nine  the  words  "or  other  tribunal 
charged  with  the  transaction  of  county 
business;"  and  by  striking  out  of  lines  eleven 
,  and  twelve  the  words  "or  other  tribunal;  " 
and  by  striking  out  of  line  fifteen  the  words 
"or  other  tribunal  as  aforesaid;""  and  by 
striking  out  of  line  nineteen  the  words  "or 
other  tribunal;"  and  on  page  eight,  line 
four,  by  striking  out  the  words  "but"  and 
!  '  'such.' ' ' 


226 


On  motion  of  Mr.  Drake,  the  article  on 
Executive  Department  was  read  the  third 
time,  adopted,  and  ordered  to  be  referred  to 
the  Revising  Committee. 

Mr.  Drake  offered  the  following  report: 

Mr.  President:  The  Revising  Commit- 
tee, to  whom  was  referred  the  article  on 
Executive  Department,  beg  leave  to  report 
the  same  back  without  amendment. 

C.  D.  DRAKE,  Chairman. 

Mr.  Drake  moved  that  the  article  on  Ex- 
ecutive Department  be  enrolled  as  a  part  of 
the  Constitution,  on  which  motion  Mr.  Hol- 
comb  demanded  the  ayes  and  noes;  and  the 
vote  being  taken ,  stood  as  follows : 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Clover,  Davis  of  Nodaway , 
Dodson,  D'Oench,  Drake,  Esther,  Evans, 
Filley,  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Holcomb,  Holland,  Hume, 
Leonard,  McKernan,  McPherson,  Mack, 
Rankin,  Smith  of  Mercer,  Strong,  Swear- 
ingen,  Weatherby,  Williams  of  Caldwell, 
and  Williams  of  Scotland — 31. 

Noes — None. 

Absent  with  Leave —Messrs.  Foster, 
Fletcher,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Morton,  Newgent,  St.  Gem,  Thi- 
lenius,  and  Mr.  President — 10. 

Absent  without  Leave — Messrs.  Bed- 
ford, Bush,  Davis  of  New  Madrid,  Gilstrap, 
Grammer,  Green,  Henderson,  Holdsworth, 
King,  Linton,  Martin,  Meyer,  Nixdorf, 
Owens,  Rohrer,  Smith  of  Worth,  Sutton, 
and  Switzler — 18. 

Sick  —  Messrs.  Adams,  Cowden,  Ellis, 
Mitchell,  and  Peck— 5. 

There  being  no  quorum  present,  Mr. 
Drake  moved  a  call  of  the  house,  which  was 
ordered,  and  the  following  gentlemen  an- 
swered to  their  names : 

Messrs.  Barr,  Bonham,  Budd,  Bunce, 
Bush,  Childress,  Clover,  Davis  of  Nodaway, 
Dodson,  D'Oench,  Drake,  Esther,  Evans, 
Filley,  Fulkerson,  Gamble,  Gilbert  of  Law- 
rence, Gilstrap,  Green,  Henderson,  Holcomb, 
Holdsworth,  Holland,  Hume,  Linton,  Mc- 
Kernan, McPherson,  Mack,  Martin,  Meyer, 
Rankin,  Rohrer,  Smith  of  Mercer,  Strong, 
Swearingen,  Weatherby,  Williams  of  Cald- 
well, and  Williams  of  Scotland— 38. 

Absent  with  Leave  —  Messrs.  Foster, 
Fletcher,  Gilbert  of  Platte,  Hughes,  Hus- 
mann,  Morton,  Newgent,  St.  Gem,  Sutton, 
Thilenius,  and  Mr.  President — 11. 

Absent  without  Leave  —  Messrs.  Bed- 
ford, Davis  of  New  Madrid,  Folmsbee, 
Grammer,  King,  Leonard,  Nixdorf,  Owens,- 
Smith  of  Worth,  and  Switzler— 10. 

Sick  — Messrs.  Adams,  Cowden,  Ellis, 
Mitchell,  and  Peck— 5. 

On  motion  of  Mr.  Drake,  further  pro- 
ceedings under  the  call  were  dispensed  with. 


The  question  then  recurred,  ''Shall  thi 
article  on  Executive  Department  be  enrolle< 
as  a  part  of  the  Constitution?"  on  whicl 
Mr.  Holcomb  demanded  the  ayes  and  noes 
and  the  vote  being  taken,  stood  as  follows 

Ayes  —  Messrs.  Barr,  Bonham,  Budd 
Bunce,  Childress,  Clover,  Davis  of  Noda- 
way, Dodson,  D'Oench,  Drake,  Esther 
Evans,  Filley,  Folmsbee,  Fulkerson,  Gam 
ble,  Gilbert  of  Lawrence,  Henderson,  Hoi 
comb,  Holdsworth,  Holland,  Hume,  Mc 
Kern  an,  McPherson,  Mack,  Meyer,  Rankin 
Smith  of  Mercer,  Strong,  Swearingen 
Weatherby,  Williams  of  Caldwell,  "an 
Williams  of  Scotland— 33. 

Noes  —  Messrs.  Bush,  Gilstrap,  Greer 
Linton,  Martin,  and  Rohrer — 6. 

Absent  with  Leave  —  Messrs.  Fostei 
Fletcher.  Gilbert  of  Platte,  Hughes,  Hu 
mann,  Morton,  Newgent,  St.  Gem,  Suttoi 
Thiienius,  and  Mr.  President — 11. 

Absent  without  Lkave — Messrs.  Bee 
ford,  Davis  of  New  Madrid,  Grammei 
King,  Leonard,  Nixdorf,  Owens,  Smith 
Worth,  and  Switzler— 9. 

Sick — Messrs.  Adams,  Cowden,  Elli 
Mitchell,  and  Peck — 5. 

So  the  article  on  Executive  Departme] 
was  ordered  to  be  enrolled  as  a  part  of  tl 
Constitution. 

Mr.  Bonham,  chairman  of  the  Commith 
on  Confiscation,  presented  the  follown 
report  and  ordinance-,  which  ordinance  w 
read  the  first  and  second  time,  and  order* 
to  be  printed : 

Confiscation . 

The  committee  to  whom  was  referred 
ordinance  for  the  confiscation  of  the  proper 
of  rebels,  respectfully  report  that  they  ha 
had  the  matter  under  consideration,  ai 
report  the  accompanying  article  for  the  co 
sideration  of  this  Convention.    In  coming 
this  conclusion,  the  committee  beg  leave 
state  that,  in  the  admittance  of  Western  Vi 
ginia  into  the  Union,  the  Congress  of  t 
United  States   admitted  the  right  of  tli 
State  to  confiscate  property,  both  real  ai 
personal,  to  the  State,  for  treasonable  a< 
committed  by  persons  against  that  Stat 
Missouri,  being  one  of  the  compact  of  Stat 
of  the  United  States,   and   loyal  to  t 
general  government  of  the  United  Stat( 
claims  only  equal  rights  with  her  si| 
States  in  the  confiscation  of  rebel  propert 
All  of  which  is  respectfully  submitted. 
J.  Bonham,  Chairman/] 
W.  II .  Folmsbee,  | 
J.  A.  Mack,  -Committ 
J.  B.  Dodson, 
W.  S.  Holland, 

Ordinance  of  Emancipation . 

Section  1.  All  property,  both  real  a 
personal,  in  this  State,  owned  by  any  pers 
or  persons  having  a  wife  or  issue  of  his 


227 


»ody  alive,  who  lias,  since  the  commenee- 
neiit  of  the  present  rebellion,  taken  up 
Erms  against  the  provisional  government  of 
his  State,  or  who  has  aided  and  abetted  the  I 
nemies  thereof  by  furnishing  food  or 
aiment,  or  munitions  of  war  of  any  descrip- 
ion  whatever,  shall  be  confiscated  to  the 
Btate  of  Missouri  during  the  lifetime  of  the 
iiwner  thereof. 

|  Sec.  2.  All  property,  both  real  and  per- 
ianal, owned  in  this  State  by  any  person  or 
iiersons  having  neither  wife  nor  issue  of  his 
Iwii  body  alive,  who  has.  since  the  present 
lebellion  commenced,  taken  up  arms  against 
pe  provisional  government  of  this  State,  or 
vho  has  aided  and  abetted  the  enemies  j 
hereof  by  furnishing  food  or  raiment,  or 
Munitions  of  war  of  any  kind  or  description  j 
[ivhatever,  is  hereby  confiscated  to  the  State 
tarever . 

:  Sec.  3.  All  property,  both  real  and  per-  | 
pnal,  owned  by  any  person  or  persons  in 
lis  Mate  who  shall  hereafter  take  up  arms 
gainst  the  government  of  the  State  of  Mis- 
souri, or  who  shall  hereafter  aid  or  abet  the  j 
memies  thereof,  in  any  manner — or  favor. 
Erectly  or  indirectly — or  who  shall  hereafter 
ifuse  to  aid  the  State  government  in  repell-  ! 
big  invasion  or  suppressing  rebellion,  shall 
le  confiscated  and  forfeited  to  this  State 
fcrever;  and  all  property  mentioned  in  this  \ 
rticle  shall  be  disposed  of  by  the  Legislature 
pr  the  benefit  of  the  State. 

Sec.  4.  The  net  proceeds  of  all  property 
Mentioned  in  this  article  shall  inure  to  the 
jjenefit  of  education,  and  shall  be  applied  to 
he  support  of  schools,  and  be  used  for  no 
Kher  purpose  whatever. 
1  On  motion  of  Mr.  Holland,  the  ordinance 
>r  the  organization  and  government  of  the 
Essouri  militia  was  taken  up. 

Mr.  Holland  offered  the  following  sub- 
litute  for  section  one : 

All  able-bodied  male  inhabitants  of  this 
Kate,  who  are  citizens  of  the  United  States,  | 
iir  who  have  declared  their  intention  to 
jtecome  citizens,  between  the  ages  of  eighteen  ' 
|ad  forty-five  years,  except  such  as  may  be  j 
Ikempted  by  law.  shall  be  liable  to  military 
Pity;  and,  when  organized,  shall  constitute 
pd  be  known  as  the  '  'Missouri  Militia. ' ' 

■  Mr.  Linton  offered  the  following  amend- 
ment to  the  substitute,  which  was  read  and  j 
Ejected: 

I Amend  the  substitute  by  inserting,  after; 
le  word  k  "inhabitants, ' '  the  words  '  'except ! 
tose  who  are  religiously  scrupulous  of 
paring  arms." 

Mr.  Meyer  offered  the  following  amend- 
ent  to  the  substitute,   which  was  disa-  j 
reed  to : 

Strike  out  all  after  the  word  "duty, ' '  and  j 
;  asert  in  lieu  thereof  the  following:  "To  bej 

Jassified  as  follows :  The  militia  shall  be 
Ijvided  into  two  classes.    The  first  class. 


shall  be  styled  'The  National  Guard.'  and 
shall  consist  of  all  person^,  subject  to  mili- 
tary duty,  between  the  ages  of  eighteen  and 
twenty-five  years:  and  all  unmarried  per- 
sons, subject  to  such  duty,  between  the  ages 
of  twenty-five  and  thirty-five  years:  except 
such  unmarried  persons,  of  the  ages  herein 
mentioned,  as  are  the  sole  support  of  infirm 
parents  or  a  family,  who  shall  be  enrolled 
with  the  second  class.  The  second  class 
shall  be  styled  'The  Reserve,'  and  shall 
consist  of  all  married  persons,  subject  to 
such  duty,  between  the  ages  of  twenty-five 
and  forty-five  years,  and  all  unmarried  per- 
sons between  the  ages  of  thirty-five  and 
forty-five  years. ' ' 

On  motion  of  Mr.  Strong,  the  Conven- 
tion adjourned  until  half-past  2  o'clock 
P.  M . 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Holland  called  up  his  substitute  lor 
section  one  of  the  militia  ordinance,  with 
the  amendment  thereto  bv  Mr.  Meyer. 

On  request  of  Mr.  Holland,  he  was 
allowed  to  withdraw  his  substitute,  offered 
this  forenoon,  and  offer  the  following  in  lieu 
thereof: 

All  able-bodied  male  inhabitants  of  this 
State,  who  are  citizens  of  the  United  States, 
or  who  have  declared  their  intention  to  be- 
come citizens,  between  the  ages  of  eighteen 
and  forty-five  years — except  such  persons  as 
have  served  not  less  than  two  years  in  the 
army  or  navy  of  the  United  States,  or  the 
Missouri  State  militia,  and  shall  have  been 
honorably  discharged  therefrom  not  more 
than  twelve  months  before  the  time  of  en- 
listment, and  such  as  shall  be  exempted  by 
law — shall  be  liable  to  military  duty:  and, 
when  organized,  shall  constitute  and  be 
known  as  the  '  'Missouri  Militia. ' ' 

Mr.  Strong,  of  the  Committee  on  Mis- 
cellaneous Provisions,  reported  the  same 
back,  and  the  Convention  proceeded  to  con- 
sider it. 

Mr.  Folmsbee  offered  the  following  amend- 
ment to  said  article,  which  was  adopted: 
Amend  by  adding  the  following  section: 
Sec.  — .  The  seat  of  government  of  this 
State  shall  remain  at  the  City  of  Jefferson. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 
Amend  by  adding  the  following  section: 
Sec.  — .    No  person  emancipated  by  the 
ordinance  abolishing  slavery  in  Missouri, 
adopted  on  the  eleventh  day  of  January. 


228 


one  thousand  eight  hundred  and  sixty-five, 
shall,  by  any  county  court  or  other  au- 
thority, be  apprenticed  or  bound  for  any 
service,  except  in  pursuance  of  laws  made 
especially  applicable  to  the  persons  so  eman- 
cipated . 

Mr.  Strong  offered  the  following  amend- 
ment, which  was  adopted: 

Add  as  a  new  section :  The  General  Assem- 
bly shall  provide  by  law  for  the  indictment 
and  trial  of  persons  charged  with  the  com- 
mission of  any  felony,  in  any  county  other 
than  that  in  which  the  offense  was  committed, 
whenever,  owing  to  prejudice  or  any  other 
cause,  an  impartial  grand  or  petit  jury  can 
not  be  impanneled  in  the  county  in  which 
such  offense  was  committed. 

On  motion  of  Mr.  Drake,  the  article  on 
Miscellaneous  Provisions  was  ordered  to  be 
engrossed  for  a  third  reading. 

The  question  recurring  on  the  amendment 
offered  by  Mr.  Holland  to  the  third  section 
of  the  militia  ordinance,  Mr.  Meyer  de- 
manded the  ayes  and  noes;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Bonham,  Bunce,  Chil- 
dress, Clover,  Dodson,  Drake,  Esther, 
Evans,  Fulkerson,  Gilbert  of  Lawrence, 
Gilstrap,  Holcomb,  Holland,  King,  Mc- 
Pherson,  Mack,  Meyer,  Strong,  and  Wil- 
liams of  Scotland — 19. 

Noes  — Messrs.  Barr,  Bedford,  Bash, 
Davis  of  Nodaway,  Ellis,  Foluisbee, 
Gamble,  Henderson,  Holds  worth,  Hume, 
Linton,  McKernan  Martin,  Rankin,  Bohrer, 
Smith  of  Mercer,  Smith  of  Worth,  Sutton, 
Swearingen,  Switzler,  Weatherby,  Williams 
of  Caldwell,  and  Mr.  President— 23. 

Absent  with  Leave — Messrs.  Foster," 
Fletcher,  Gilbert  of  Platte,  Hughes,  Hus- 
Euann,  Morton,  Newgent,  St.  Gem,  and 
Thilenius — 9. 

Absent  without  Leave — Messrs.  Bndd, 
Davis  of  New  Madrid,  D'Oench,  Filley, 
Grammer,  Green,  Leonard,  Nixdorf,  and 
Owens — 9. 

Sick— Messrs.  Adams,  Cowden,  Mitchell, 
and  Peck-4. 

So  the  amendment  was  not  adopted. 
Mr.  Bonham  offered  the  following  amend- 
ment, which  was  adopted : 

Amend  section  six,  line  two,  by  adding 
the  words  kbno  more,"  after  the  word 
'  'generals.  * ' 

Mr.  Barr  offered  the  following  amend- 
ment : 

Strike  out  section  fourteen,  and  insert  the 
following:  The  surgeon  general  shall  ap- 
point a  physician  or  surgeon  for  each  county, 
to  examine  persons  claiming  exemption, 
who  shall  give  to  every  person  exempted  by 
him  a  certificate;  and  shall  return  to  the 
office  of  the  adjutant  of  the  district,  within 


five  days  after  the  close  of  each  of  his  sit- 
tings, a  complete  list  of  all  persons  so  ex- 
empted. The  physician  or  surgeon  sc 
employed  shall  receive  the  pay  of  a  major  o 
infantry,  while  actually  engaged  in  sue! 
service. 

Mr.  Holland  offered  the  following  amend- 
ment to  said  amendment,  which  was  rejected 

Amend  the  substitute  for  section  fourteei 
by  striking  out  all  after  the  word  '  'shall, ' 
and  insert  in  lieu  thereof  the  following 
words:  "-be  entitled  to  collect  ot  every  per 
son  so  examined  an  examination  fee  of  on 
dollar. 

Mr.  Barr's  amendment  was  then  adopted 
The  action  on  the  militia  ordinance  wa 
temporality    suspended,    to    enable  Mr 
Strong,  chairman  of  the  Engrossing  Com 
mittee,  to  make  the  following  report: 

Mr.  President:  The  Committee  on  En 
grossed  Articles  respectfully  report  that  tin 
article  entitled  Miscellaneous  Provisions  ha 
been  correctly  engrossed . 

GEO.  P.  STRONG,  Chairman.  ! 

On  motion  of  Mr.  Drake,  the  article  o 
Miscellaneous  Provisions  was  read  a  thir< 
time,  put  upon  its  final  passage,  adopted 
and  ordered  to  be  referred  to  the  Revisin 
Committee. 

The  consideration  of  the  ordinance  o 
militia  was  again  resumed. 

Mr.  Bush  offered  the  following  amend 
ment,  which  was  adopted: 

Amend  section  eleven  by  striking  out  thi  | 
words  '  khis  Excellency, ' '  in  first  line. 

Mr.  Holland  offered  the  following  amend 
ment,  which  was  adopted: 

Amend  section  twenty-two  by  addin 
thereto:  '  'and  such  pay  shall  be  in  the  sam 
funds  in  which  the  United  States  volunteer 
are  paid,  or  their  equivalent. ' ' 

Mr.  Strong  offered  the  following  amend 
ment,  which  was  rejected  : 

Amend  by  adding  to  section  ten  thi  C 
following  words:  '  'But  no  person  subject  t  |{ 
militia  duty  shall  be  required  to  leave  th  i 
county  where  he  is  enrolled,  except  in  cal 
of  invasion,  or  to  repel  attack,  or  to  pursu  % 
guerrillas  or  other  disturbers  of  the  peace  cj  ! 
safety  of  the  State . ' ' 

On  motion  of  Mr.  Drake,  the  furthe  v 
consideration  of  the  ordinance  on  militL 
was  postponed  until  to-morrow  morning,  f  m 

Mr.  Drake,  chairman  of  the  Revisin  j  || 
Committee,  made  the  following  report: 

Mr.  President:  The  Revising  Committed!  t; 
to  whom  was  referred  the  article  entitle 
Miscellaneous  Provisions,  beg  leave  torepoj 
the  same  back  without  amendment. 

CD.  DRAKE,  Chairman. 


229 


Mr.  Drake  moved  that  the  article  011  Misc- 
ellaneous Provisions  be  enrolled  as  a  part  of 
jhe  Constitution,  which  was  agreed  to. 

Mr.  Drake  offered  the  following  resolution, 
vhich  was  adopted : 

[  Resolved,  That,  in  enrolling  the  Constitu- 
ion.  the  last  section  of  the  article  on  the 
Legislative  Department,  and  the  fourth,  fifth 
nd  sixth  sections  of  the  article  on  Banks 
md  Corporations,  shall  be  transferred  to  and 
lcorporated  in  the  article  entitled  Miseel- 
:ineous  Provisions. 

Mr.  Strong,  chairman  of  the  Committee 
■n  Engrossed  Bills,  reported  the  article  on 
Education  as  truly  engrossed. 
The  consideration  of  the  article  on  Edu- 
ation  was  temporarily  suspended,  so  as  to 
nable  Mr.  Strong,  chairman  of  the  Engross- 
ing Committee,  to  make  a  report. 
Mr.  Stroxg.  chairman  of  the  Engrossing 
'omniittee.  reported  the  ordinance  for  pro- 
curing money  for  the  payment  of  members 
lad  officers,  and  for  other  expenses,  as  truly 
Engrossed . 

On  motion  of  Mr.  Boxham,  the  ordinance 
yt  paying  officers,  members,  and  others,  of 
lie  Missouri  State  Convention,  was  read  the 
pird  time,  put  upon  its  final  passage,  and 
[dopted. 

::  On  motion,  the  article  on  Education  was 
[gain  taken  up. 

Mr.  Il(  >lland  offered  the  following  amend- 
ment, which  he  afterwards  withdrew: 


Amend  first  line,  on  fourth  page,  by 
striking  out  the  word  *  -  may. ?  *  and  inserting:' 
the  word  *  -  shall . ' ' 

On  motion  of  Mr.  Boxham.  the  article  on 
Education  was  read  the  third  time,  put  upon 
its  final  passage,  adopted,  and  ordered  to  be 
referred  to  the  Revising  Committee. 

A  letter  from  J.  W.  Mclntyre.  chairman 
United  States  Christian  Commission,  dated 
St.  Louis.  April  5.  18(55.  inviting  the  mem- 
bers of  the  Convention  to  participate  in  a 
meeting  to  beheld  on  Friday  evening.  April 
7,  1865,  was  read  for  information,  and  laid 
on  the  table. 

Mr.  Switzler  offered  the  following  reso- 
lution: 

Resolved,  That  this  Convention,  desirous 
again  to  testify  its  appreciation  of  the  price- 
Less  blessings  guaranteed  to  the  people  by  the 
Union  of  the  States,  have  heard  with  joy  and 
thanksgiving  that  Richmond  (Confederate 
Capital)  and  Petersburg  (one  of  the  Gibral- 
tar of  the  rebellion)  have  fallen,  by  the  gal- 
lantry and  heroism  of  the  national  troops: 
these  glorious  victories  adding  new  lustre  to 
our  arms,  and  affording  us  reason  to  hope 
that  this  disastrous  and"  wicked  insurrection 
is  virtually  overthrown;  and  that,  at  no  dis- 
tant period,  peace,  on  the  basis  of  the  Fed<  ral 
Union  of  all  the  States,  will  be  restored. 

On  motion  of  Mr.  Stroxg.  the  resolution 
was  laid  over  and  made  the  special  order  for 
to-morrow  morning. 

On  motion  of  Mr.  Drake,  the  Convention 
adjourned  until  9  o'clock  to-morrow  morn- 
ing. 


SEVENTY-FIFTH  DAY. 


Convention  met  pursuant  to  adjournment, 
le  President  in  the  chair. 
'The  pending  resolution,  offered  by  Mr. 
Ritzier  yesterday,  was  called  up. 

Mr.  Strong  offered  the  following  amend- 
ient  thereto,  which  was  accepted  by  Mr. 
Hvitzler : 

'Amend  the  resolution  by  adding  these 
lords:  •  -  And  triumphantly  vindicating  the 
isdom  and  patriotism  of  our  honored  chief 
lagistrate.  who.  with  a  brave  heart  and 
Ready  purpose,  has  successfully  carried  for- 
ward, by  force  of  arms,  the  glorious  work  of 
>  impressing  rebellion  by  the  military  power 
|f  the  government;  and  illustrating,  with 


THURSDAY,  April  6th,  1865. 

equal  clearness,  the  miserable  folly  and  want 
of  loyalty  and  patriotism  of  those  who 
denounced  Abraham  Lincoln  as  'the  despot 
whom  God  in  his  wrath  permits  to  occupy 
the  Presidential  chair;'  who  asserted  the 
right  of  traitors  to  float  the  flag  of  treason, 
and  justified  the  slaughter,  by  traitors,  of 
these  same  gallant  and  heroic  national 
troops,  asserting  that  they  *met  a  merited 
doom,'  and  regretting  that  more  of  them 
were  not  shot;"  who  justified  and  rejoiced 
in  the  traitorous  conduct  of  that  perjured 
traitor  Claiborne  F.  Jackson,  who.  with  the 
oath  of  fidelity  to  the  Federal  Constitution 
on  his  lips,  prostituted  his  official  position 
to  place  Missouri  among  the  rebel  States, 
against  the  will  of  a  large  majority  of  her  citi- 


230 


zens;  who  denounced  the  call  of  President 
Lincoln  for  seventy-five  thousand  of  these 
same  gallant  and  heroic  troops,  to  defend 
the  Union  of  the  States,  as  'illegal,  inhuman, 
and  diabolical;'  and  Avho  publicly  declared 
that,  if  there  were  any  of  those  gallant  and 
heroic  soldiers  in  Missouri  who  were  will- 
ing to  'aid  a  black-republican  President  in 
the  butchery  of  the  Southern  people' — and 
thus  assist  in  achieving  'these  glorious  vic- 
tories, adding  new  lustre  to  our  arms'  — 
'they  were  on  the  wrong  side  of  Mason  and 
Dixon '  s  line ,  and  had  better,  for  their  health , 
take  up  their  beds  and  walk,  and  walk 
fast:'  and  who  most  loudly  denounced  all 
attempts  at  coercion,  from  the  start,  well 
knowing  it  was  the  only  means  of  suppress- 
ing rebellion,  and  securing  'these  glorious 
victories'  over  which  we  now  all  unite  in 
rejoicing.  This  Convention  rejoices  in  the 
fact  that  the  patriotic  soldiers  did  'take  up 
their  beds  and  walk,'  and  that  they  have 
pursued  their  walk  over  the  whole  territory 
of  secession,  until  they  have  pitched  their 
tents  in  the  rebel  capital  at  Richmond; 
and  have  demonstrated  the  fact  that  victory 
and  success  are  wonderful  promoters  6t 
patriotic  rejoicing  and  of  loyalty,  and  that 
the  submission  and  respect  of'  rebels  and 
rebel  sympathizers  are  best  secured  by  the 
exhibition  of  a  power  in  the  government 
that  they  cannot  successfully  resist. ' ' 

Mr.  Bush  offered  the  following  amend- 
ment to  the  original  resolution : 

Amend  the  resolution  by  inserting  the 
words  ''freedom  and,"  after  the  words 
'  'basis  of, ' '  in  the  last  sentence. 

Which  was  accepted  by  Mr.  Switzler. 
Mr.  Drake  offered  the  following  amend- 
ment: 

Amend  by  striking  out  the  word  '-Fed- 
eral," in  line  twenty-two  of  the  original 
resolution,  and  inserting  in  lieu  thereof  the 
words  k  'complete  and  imperishable. ' ' 

After  debate,  the  question  being  on  the 
amendment  of  Mr.  Drake,  Mr.  Switzler 
demanded  the  ayes  and  noes  thereon;  and 
the  vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Davis  of  Nodawaj- ,  Dod- 
son,  Drake,  Ellis.  Evans,  Fletcher,*  Folms- 
bee,  Fulkerson,  Gilbert  of  Lawrence,  Hen- 
derson, Holdsworth.  Holland,  Hume,  King, 
Leonard,  Linton,  McKernan,  McPherson, 
Mack,  Peck,  Rankin,  Smith  of  Mercer, 
Strong,  Weatherby,  Williams  of  Caldwell, 
Williams  of  Scotland,  and  Mr.  President — 32. 

Noes  —  Messrs.  Bush,  Esther,  Gamble, 
Gilstrap,  Holcomb,  Martin,  Rohrer,  Swear- 
ingen,  and  Switzler— 9. 

Absent  with  Leave — Messrs.  Foster.  Gil- 
bert of  Platte,  Hughes,  Husmann,  Morton, 
Newgent,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave  —  Messrs.  Bed- 
ford, Clover,  Davis  of  New  Madrid,  D'Oench, 


Filley,  Grammer,  Green,  Meyer,  Nixdorf,  1 
Owens,  and  Sutton — 11. 

Sick — Messrs.  Adams,  Cowden,  Mitchell, 
and  Smith  of  Worth — 4. 

So  the  amendment  was  adopted. 

Mr.  Drake  moved  the  indefinite  postpone- 
ment of  the  resolution,  and  called  for  the 
previous  question,  which  was  sustained. 

The  question  then  being  on  the  indefinite 
postponement  of  the  resolution,  it  was  dig-  I 
agreed  to. 

The  question  then  being  on  the  adoption 
of  the  resolution,  as  amended,  Mr.  Stroxg  \ 
called  for  the  previous  question,  which  was 
sustained. 

On  the  adoption  of  the  resolution  Mr. 
Bonham  demanded  the  ayes  and  noes;  and 
the  vote  being  taken,  stood  as  follows: 

Ayes  — Messrs.  Barr,  Bonham,  Budd,! 
Bunce,  Childress,  Davis  of  Nodaway,  Dod-j 
son,  D'Oench,  Drake,  Ellis,  Esther,  Evmis, 
Filley,  Fletcher,  Folmsbee,  Fulkerson,; 
Gamble,  Gilbert  of  Lawrence,  Gilstrap, 
Henderson,  Holcomb,  Holdsworth,  Hol- 
land, Hume,  King,  Leonard,  Linton.  Mc- 
Kernan, McPherson,  Mack,  Martin,  Peck, 
Rankin,  Rohrer,  Smith  of  Mercer,  Strong, 
Sutton,  Swearingen,  Switzler,  Weatherby, 
Williams  of  Caldwell,  Williams  of  Scotland, 
and  Mr.  President — 43. 

Noes— Mr.  Bush— 1. 

Absent  with  Leave  —  Messrs.  Foster, 
Gilbert  of  Platte,  Hughes,  Husmann,  Mor- 
ton, Newgent,  St.  Gem,  and  Thilenius— 8. 

Absent  without  Leave — Messrs.  Bed-  ( 
ford,  Clove]',  Davis  of  New  Madrid,  Gram-i'  [ 
mer,  Green,  Mej^er.  Nixdorf,  and  Owens — 8.  | 

Sick — Messrs.  Adams,  Cowden,  Mitchell, 
and  Smith  of  Worth— 4. 

So  the  resolution  was  adopted. 

Mr.   Drake,  chairman  of  the  Revising 
Committee,  presented  the  following  report:  ;!  ^ 

Mr.  President  :  The  Revising  Committee, 
to  whom  was  referred  the  article  on  Educa- 
tion, beg  leave  to  report  the  same  back  with  ? 
the  following  amendments: 

Amend,  on  page  three,  line  eight,  by  strik-  j 
ing  out  the  word  k '  also, ' '  and  inserting  in  '; 
lieu  thereof  the  word  k '  and . ' ' 

Amend,  on  page  three,  line  nine,  by  strik-* 
ing  out  the  word  "may,"  and  inserting, 
after  the  word  "  now, ' '  the  word  ' '  belong."! 
and  inserting  the  word  "may"  before  the; ij 
word  ' '  hereafter ' ' 

Amend,  on  page  three,  line  thirteen,  by! 
striking  out  the  word  '  *  additional; '  *  and  by 
inserting,  in  line  fourteen,  after  the  word 
' '  security, ' '  the  words  ' '  in'addition  there-1 
to."  CD.  DRAKE,  Chairman. 

The  amendments  recommended  by  the 
Revising  Committee  were  adopted. 

On  motion  of  Mr.  Drake,  the  article  on 
Education  was  put  upon  its  final  passage, 


231 


adopted,  and  ordered  to  be  enrolled  as  a 
part  of  tlie  Constitution. 

On  motion  of  Mr.  Budd.  the  article  on 
'Railroad  Indebtedness  was  taken  up. 

Mr.  Bonham  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  third,  in  second  line,  after 
the  word  "company. '  '■  by  adding  the  follow- 
ing: • -or  tlie  Platte  Country  liailroad  Com- 
pany . r  * 

Mr.  Bonham  offered  the  following  amend- 
ment, which  was  adopted: 

At  the  end  of  section  third  add  the  follow- 
ing: ••and  the  Platte  Country  Railroad 
[{Company. ' ' 

Mr.  Bush  offered  the  following  amend- 
I  inent: 

Amend  section  first  by  striking  out  the 
iiword  ••ten,''  in  the  third  and  also  in  the 
isixth  line,  and  inserting  the  word  "two" 
Bin  lieu  thereof:  also,  by  striking  out  the 
i word  "fifteen,"  in  the  tenth  line,  and  in- 
jserting  the  word  • '  live ' '  in  lieu  thereof. 

I   The  question   being   on   adopting  this 
■amendment,  Mr.  Bush  demanded  the  ayes 
land  noes  thereon;  and  the  vote  being  taken, 
htoo  !  ;  -  i  illows : 

Ayes  —  Messrs.  Barr.  Bush,  D'Oench, 
fcEllis.  and  Filler — 5. 

I  Nobs — Messrs.  Bonham.  Budd,  Bunce, 
IChildress.  Davis  of  Nodaway,  Dodson, 
■Brake,  Esther,  Folmsbee,  Fulkerson,  Gam- 
Ible,  Gilbert  of  Lawrence.  Henderson Hol- 
rcomb.  Holdsworth,  Holland,  Hume.  King. 
iLeonard.  Linton.  McKernan,  MePhersom 
ffiffaek,  Martin.  Peck.  Rankin.  Rohrer,  Smith 
lof  Mercer,  Strong,  Sutton.  Swearingen, 
iSwitzler.  Weatkerby,  and  Williams  of  Seot- 
I  land— 34. 

Absent  with  Leave — Messrs.  Evans. 
[Foster,  Gilbert  of  Platte,  Hughes,  Hus- 
Imann.  Morton,  Xewgent.  St.  "Gem.  Thi- 
llenius.  and  Mr.  President — 10. 
I  Absent  without  Leave — Messrs.  Adams, 
I  Bedford.  Clover,  Davis  of  New  Madrid, 
j  Fletcher ;  Gilstrap,  Grammer,  Green,  Meyer, 
t  Xixdorf.  Owens,  and  Williams  of  Cald- 
well—12. 

Sick  —  Messrs.  Cowden.  Mitchell,  and 
If  Smith  of  Worth — 3. 

So  the  amendment  was  rejected. 

Mr.  Bonham  offered  the  following  amend- 
I  ments,  which  were  adopted. 

Amend  section  one.  line  three,  by  striking 
out  the  words  ' '  an  annual  tax  of;"  and  in 
i  j  sixth  line,  by  striking  out  the  words  "the 
ntax  of  ten  per  cent."  and  insert  in  lieu 
j  thereof  the  words  ' '  the  payment  of  this  per 
;  i  centage . " 

Amend,  in  line  nine,  section  one.  by 
I  striking  out  the  word  "an,"  and  insert 
,  1  *  annually. ' ' 


In  line  ten,  strike  out  the  words  "tax 
of."  and  the  woi*d  "taxed."  and  insert, 
after  the  word  "said,"  the  words  -per 
centage . ' ' 

In  line  eleven,  strike  out  the  words  "re- 
ceived from  the  tax. ' '  and  insert  the  words 
•  'paid  as. " 

In  seventeenth  line,  strike  out  the  words 
"from  the  tax  on  said  lands,"  and  insert 
the  words  4  'as  aforesaid. ' ' 

In  section  two,  line  one.  strike  out  the 
word  "tax."  and  insert  the  words  "per 
centage . " 

In  section  three,  in  line  three,  strike  out 
the  word  "taxes,"  and  insert  "percent- 
age . ; ' 

In  section  four,  line  two,  strike  out  ; '  tax , ' ' 
and  insert  '  'per  centage. ' ' 

In  line  three,  strike  out 4  'tax, ' '  and  insert 
'  "per  centage. ' ' 

Mr.  Drake  moved  to  reconsider  the  vote 
by  which  the  following  amendment,  offered 
by  Mr.  Bonham.  to  the  article  on  Railroad 
Indebtedness,  was  adopted: 

In  line  nine,  section  one.  strike  out  the 
word  • 4 an,"  and  insert  ' 1  annually.  ■ ' 

Which  motion  was  agreed  to. 
Mr.  Bonham  modified  his  amendment  so 
as  to  read  as  follows: 

In  line  nine,  section  one,  strike  out  the 
words  k  *an  annual. ' ' 

And  the  amendment,  as  modified,  was  then 
adopted. 

Mr.  Strong  offered  the  following  amend- 
ment, which  was  rejected: 

Amend  by  striking  out  the  words  "inter- 
est coupons",  and  interest  thereon,  and."  in 
the  thirteenth  line,  and  inserting,  after  the 
word  —principal."  in  line  fourteen,  the 
words  "and  interest;"  also,  tlie  word 
"bonds,"  between  the  words  —or*"  and 
'  'guaranteed,  * ''  in  line  fourteen. 

Mr.  Budd  offered  the  following  amend- 
ment, which  was  adopted: 

The  said  Hannibal  and  St.  Joseph  Railroad 
Company  shall  pay  into  the  treasury  of  the 
State,  annually,  'two  per  cent,  on  three 
million  of  State  bonds  loaned  to  said  com- 
pany, for  the  purpose  of  liquidating  the  prin- 
cipal of  the  bonds  aforesaid;  and  on  failure 
to  do  so,  the  tax  of  ten  and  niteeu  per  cent. , 
named  in  the  first  section,  shall  be  collected 
of  the  Hannibal  and  St.  Joseph  Railroad 
Company. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  first  by  striking  out, 
in  lines  three,  eight,  and  eleven,  the  word 
"quarterly."  aiid  inserting  in  lieu  thereof 
the  word  "quarter-yearly.'5 

Mr.  Drake  offered  tlie  following  amend- 
ments, which  were  adopted: 


232 


Amend  by  inserting,  in  line  nine,  section 
first,  before  the  word"'  'October, ' '  the  words 
44 day  of." 

Amend  by  striking  out  of  line  twelve,  sec- 
tion first,  the  words  "be  paid  into  the  State 
treasury,  and  shall. ' ' 

Amend,  in  section  first,  line  one,  by  strik- 
ing out  the  words  '  'Company  and  Southwest 
Branch." 

Amend  section  first,  line  two,  by  inserting 
the  word  '  'and' '  after  the  word  '  "company. " 

Amend  section  first,  line  fourteen,  by 
inserting  the  word  "the"  before  the  word 
'  'principal. 7 ' 

Amend  section  first,  line  four,  by  striking 
out  the  word  "on,"  where  it  first  occurs 
therein,  and  inserting  in  lieu  thereof  the 
word  "  'of;' '  and  by  striking  out  of  line  ten 
the  word  "on,"' and  inserting  in  lieu 
thereof  the  word  ' '  of. ' ' 

Mr.  Strong  offered  the  following  amend- 
ment : 

Amend  by  striking  out  the  word  or  figure 
"five,"  in  line  seven,  and  inserting  the 
word  '  'six;"  also,  by  striking  out  the  word 
or  figure  "seven,"  in  lines  eight  and  nine, 
and  inserting  therein  the  word  k  'eight. ' ' 

On  motion ,  the  article  on  Railroad  Indebt- 
edness was  laid  over  temporarily  until  this 
afternoon. 

Mr.  Strong,  chairman  of  the  Engrossing 
Committee,  reported  the  article  on  Militia 
as  truly  engrossed. 

Mr.  Meyer  offered  the  following  amend- 
ment to  the  article  on  Militia,  which  was 
adopted : 

Strike  out  section  three. 

Mr.  Drake  offered  the  following  amend- 
ments, which  were  adopted: 

Amend,  in  line  seven,  by  inserting  the 
word  '  'of, ' '  after  the  word  '  'except. ' ' 

Amend,  in  line  fifteen,  by  striking  out  the 
word  '  'except. 5 ' 

Amend,  in  lines  sixteen  and  seventeen ,  by 
striking  out  the  words  "they  exceed  eiglit 
in  number, ' '  and  inserting  in  lieu  thereof  the 
words,  "there  be  more  than  two  officers  of 
that  grade. ' ' 

Mr.  Strong  offered  the  following  amend- 
ment : 

Strike  out  all  of  section  two,  down  to  the 
words  "the  General  Assembly,"  in  line 
■  twelve  of  engrossed  bill. 

On  this  amendment  Mr.  Fletcher  de- 
manded the  ayes  and  noes;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bunce,  Childress, 
Dodson,  Drake,  Ellis,  Esther,  Fulkerson. 
Gamble,  Gilbert  of  Lawrence,  Henderson, 
Holdsworth,  Holland.  Hume,  King,  Mc- 
Kernan,  McPherson,  Mack,  Rankin,  (Strong, 
and  Swearingen — 21. 


Noes  —  Messrs.  Bonham,  Budd,  Bush, 
Davis  of  Nodaway,  Evans,  Fletcher,  Gil- 
strap,  Meyer,  Peck,  Smith  of  Mercer,  Sut- 
ton, Weatherbv,  and  Williams  of  Scot- 
land—13. 

Absent  with  Leave  —  Messrs.  Foster, 
Gilbert  of  Platte,  Hughes,  Husmann,  Mor- 
ton, Newgent,  St.  Gem,  Thilenius,  and  Mr. 
President— 9. 

Absent  without  Leave — Messrs.  Bed- 
ford, Clover,  Davis  of  New  Madrid, 
D'Oench,  Filley,  Folmsbee,  Grammer, 
Green,  Holcomb,  Leonard,  Linton,  Martin. 
Nixdorf,  Owens,  Rohrer,  Switzler,  and 
Williams  of  Caldwell— 17. 

Sick — Messrs.  Adams,  Cowden,  Mitchell, 
and  Smith  of  Worth — 4. 

So  the  amendment  was  rejected. 

Mr.  Strong  offered  the  following  amend- 
ment : 

Add,  as  a  new  section,  the  following: 
Each  company  and  regiment  shall  elect  its 
own  company  and  regimental  officers;  but 
if  any  company  or  regiment  shall  neglect  to 
elect  such  officers  within  the  time  prescribed 
bylaw,  or  by  the  order  of  the  Governor, 
they  may  be  appointed  by  the  Governor. 

On  which  Mr.  Mack  moved  the  previous 
question;  which  was  sustained. 

The  question  then  being  on  adopting  the 
amendment  of  Mr.  Strong,  Mr.  Holcomb 
demanded  the  ayes  and  noes  thereon;  and 
the  vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Bonham,  Bunce,  Chil- 
dress. Dodson,  Fulkerson,  Gamble,  Gilbert 
of  Lawrence,  Gilstrap,  Holland,  Hume, 
McPherson.  Mack,  Smith  of  Mercer,  Strong, 
Sutton,  Swearingen,  Weatherby,  and  Wil- 
liams of  Scotland — 18. 

Noes— Messrs.  Barr,  Davis  of  Nodawav, 
Drake,  Ellis,  Esther,  Evans,  Fletcher, 
Henderson,  Holcomb,  Holdsworth,  King, 
McKernan,  Meyer,  Peck,  and  Rankin — 15. 

Absent  with  Leave — Messrs.  Foster, 
Gilbert  of  Platte,  Hughes,  Husmann,  Mor- 
ton, Newgent,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave— Messrs.  Adams, 
Bedford,  Budd,  Bush,  Clover,  Davis  of  New 
Madrid,  D'Oench,  Filley,  Folmsbee,  Gram- 
mer. Green,  Leonard",  Linton,  Martin, 
Nixdorf,  Owens,  Rohrer,  Switzler,  Wil- 
liams of  Caldwell,  and  Mr.  President— 20. 

Sick- — Messrs.  Cowden,  Mitchell,  and 
Smith  of  Worth— 3. 

So  the  amendment  was  adopted. 

Mr.  Drake  moved  that  the  article  on 
Militia  be  read  a  third  time,  and  adopted; 
on  which  he  moved  the  previous  question, 
which  was  sustained. 

The  question  then  being  on  the  adop- 
tion of  the  article  on  Militia,  Mr.  Meyer 
demanded  the  ayes  and  noes  thereon;  and 
the  vote  being  taken,  stood  as  follows: 


233 


Ayes— Messrs.  Bonham,  Bunce,  Chil- 
Iress,  Davis  of  Nodaway,  Drake.  Ellis, 
Esther.  Fulkerson.  Gamble,  Gilbert  of  Law- 
fence.  Henderson.  Holdsworth,  Holland, 
Iiune.  King'.  McKernan,  McPherson, 
Vlack.  Peck,  Rankin.  Smith  of  Mercer. 
Strong-.  Sutton,  Swearingen,  and  Williams 
>f  Scotland — 25. 

Noes  —  Messrs.  Barr,  Dodson,  Evans, 
^tetcher,  Gilstrap,  Holcomb,  Meyer,  and 
-Yeatherby — S . 

Absent  with    Leave — Messrs.  Foster, 
Gilbert  of  Platte.  Hughes.  Husmann,  Mor- 
'Lon.  Xewgent.   St.  "Gem.  Thilenius,  and 
Williams  of  Caldwell— 9 . 
I  Absent  without  Leave — Messrs.  Bed- 
brd,  Budd.  Biish,   Clover.  Davis  of  New 
ttadrid,  D'Oeuch.  Filley,  Polmsbee,  Gram- 
Ijner,  Green.  Leonard.  Linton.  Martin.  Xix- 
plorf.  Owens,  Rohrer,  Switzler,  and  Wil- 
liams of  Scotland — IS. 

Sick — Messrs.  Adams,  Cowden,  Mitchell, 
ind  Smith  of     orth — i. 
I  So  the  article  was  adopted. 

On  motion  of  Mr.  Barr,  the  Convention 
ftdjourned  until  half-past  2  o'clock  P.  M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
he  President  in  the  chair. 

Mr.  Drake,  chairman  of  the  Re  vising 
Committee,  presented  the  following  report: 

Mr.  President:  The  Revising  Commit- 
jee.  to  whom  was  referred  the  article  on 
lilitia,  beg-  leave  to  report  the  same  back 
pthout  amendment. 

CD.  DRAKE ,  Chairman. 

Mr.  Drake  moved  that  the  article  on 
-lilitia  be  put  upon  its  final  reading,  adopted, 
Ind  ordered  to  be  enrolled  as  a  part  of  the 
Constitution:  on  which  motion  Mr.  Hol- 
:omb  demanded  the  ayes  and  noes,  and  the 
-ote  being  taken,  stood  as  follows : 

Ayes — Messrs.  Bonham,  Bndd.  Bunce, 
Childress.  Davis  of  Nodaway,  Drake.  Ellis. 
Esther.  Filley.  Fulkerson.  Gamble,  Gilbert 
f  Lawrence,  Gilstrap.  Henderson,  Holds- 
vorth.  Hume,  McKernan,  McPherson. 
lack.  Peck.  Rankin.  Smith  of  Mercer, 
iutton.  Swearing-en.  and  Williams  of  Cald- 
well—25. 

Noes — Messrs.  Barr,  Dodson.  Evans. 
J-retm,  Holcomb.  Leonard.  Martin.  Meyer. 
Vearherby,  and  Mr.  President — 10, 

Ar, -ext    with  Leave — Messrs.  Foster. 

ilbertof  Platte.  Hughes.  Husmann.  Mor- 
fOn.  Xewgeut,  St.  Gem.  and  Thilenius— 8. 

Absent  without  Leave — Messrs.  Bed- 
3rd.  Bush.  Clover.  Davis  of  Xew  Madrid. 
>?Oench,  Fletcher.  Folmsbee.  Grammer, 
lolland,  King.  Linton.  Xixdorf.  Owens, 
iohr-r.  Strong-.  Switzler,  and  Williams  of 
Gotland— 17. 


Sick— Messrs.  Adams.  Cowden.  Mitchell, 
and  Smith  of  Yvorth— 1. 

So  the  article  on  Militia  was  ordered  to  be 
enrolled  as  a  part  of  the  Constitution. 

On  motion  of  Mr.  Drake,  the  article  on 
Provisions  for  putting-  the  Constitution  into 
Force  was  taken  up . 

Mr.  Drake  offered  the  following-  amend- 
ment to  said  article,  which  was  adopted: 

Amend  by  inserting-,  between  the  title  and 
the  first  section,  the  words  "and  we  do 
further  ordain,  as  follows. ' ' 

Mr.  Drake  offered  the  following-  amend- 
ment: 

Fill  the  first  blank  in  section  two  with  the 
word  ••sixth."  and  the  second  blank  with 
the  word  •  -  June. '  ■ 

Mr.  Gilstrap  offered  the  following- amend- 
ment to  the  amendment: 

Amend  the  amendment  by  striking-  out  of 
first  blank,  '  'sixth, '  ■  and  the  second  blank, 
••June:**  and  insert,  in  the  first  blank. 
•  -  seventh. '  *  and  in  the  second  blank.  '  -  No- 
vember. ; ; 

aIi-.  Drake  moved  to  lay  on  the  table  the 
amendment  of  Mr.  Gilstrap.  on  which  Mr. 
Holcomb  demanded  the  ayes  and  noes:  and 
the  vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr.  Bonham.  Budd, 
Bunce,  Childress.  Davis  of  Nodaway,  Drake. 
Ellis.  Esther.  Filley.  Folmsbee.  Fulkerson. 
Gilbert  of  Lawrence.  Henderson.  Holds- 
worth.  Holland.  Hume,  King.  McKernan, 
McPherson.  Mack,  Peek.  Rankin.  Strong. 
Sutton.  Swearingen.  Weatherby,  Williams 
of  Caldwell,  and  Mr.  President— 29. 

Xoes— Messrs.  Bush,  Clover.  Dodson, 
Evans.  Fletcher.  Gamble.  Gilstrap.  Green, 
Holcomb.  Leonard.  Linton.  Martin.  Meyer. 
Rohrer,  Smith  of  Mercer.  Switzler,  'and 
"Williams  of  Scotland — 17. 

Absext  with  Leave  —  Messrs.  Foster, 
Gilbert  of  Platte.  Hughes,  Husmann,  Mor- 
ton. Xewgeut.  St.  Gem.  and  Thilenius  —8. 

Absent  without  Leave — Messrs.  Bed- 
ford. Davis  of  Xew  Madrid.  D'Oench, 
Grammer,  Xixdorf.  and  Owens — '>. 

Sick — Messrs.  Adams.  Cowden.  Mitchell, 
and  Smith  of  Worth — A. 

So  the  amendment  of  Mr.  Gilstrap  was 
laid  on  the  table. 

Mr.  Gilstrap  then  offered  the  following 
amendment  to  the  amendment  of  Mr.  Drake: 

Amend  the  amendment  by  striking  out 
i  'June"  and  inserting  "September. 

Mr.  Drake  moved  to  lay  the  amendment 
of  Mr.  Gilstrap  on  the  table,  on  which  Mi*. 
Gilstrap  demanded  the  ayes  and  noes;  and 
the  vote  being  taken,  stood  as  follows: 


234 


Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Davis  of  Nodaway, 
Drake,  Ellis,  Esther,  Filler,  Folmsbee, 
Fulkerson,  Gamble,  Gilbert  of  Lawrence, 
Henderson,  Holdsworth,  Holland.  Hume, 
Kino-,  McKernan,  McPherson.  Mack,  Peck, 
Rankin.  Strong,  Sutton,  Swearingen,  Weath- 
erby,  Williams  of  Caldwell,  and  Mr.  Presi- 
dent—30. 

Noes  —  Messrs.  Bush.  Clover,  Dodson, 
Evans,  Fletcher,  Gilstrap,  Green.  Holcomb, 
Leonard,  Linton,  Martin,  Meyer,  Rohrer, 
Smith  of  Mercer,  and  Williams  of  Scot- 
land— 15. 

Absent  with  Leave  —  Messrs.  Foster, 
Gilbert  of  Platte,  Hughes,  Husmann,  Mor- 
ton, Newgent,  St.  Gem,  and  Thilenius— S. 

Absent  without  Leave — Messrs.  Bedford, 
Davis  of  New  Madrid.  D'Oench,  Grammer, 
Nixdorf,  Owens,  and  Switzler — 7. 

Sick — Messrs.  Adams,  Cowden,  Mitchell, 
and  Smith  of  Worth — 1 . 

So  the  amendment  of  Mr.  Gilstrap  was  laid 
on  the  table. 

Mr.  Green  offered  the  following  amend- 
ment to  the  amendment  of  Mr.  Drake: 

Amend  the  amendment  by  striking  out 
4  'June1 '  and  inserting  '  "August. ' ' 

Mr.  Drake  moved  to  lay  the  amendment 
of  Mr.  Green  on  the  table,  on  which  motion 
Mr.  Bush  demanded  the  ayes  and  noes;  and 
the  vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress,  Davis  of  Nodaway,  Drake, 
Filley.  Folmsbee,  Fulkerson,  Gamble,  Gil- 
bert of  Lawrence,  Henderson,  Holdsworth, 
Holland,  Hume,  King,  McKernan,  McPher- 
son, Mack,  Peck,  Strong,  Sutton,  Swearin- 
gen, and  Weatherby — 25. 

Noes  —  Messrs.  Bush,  Clover,  Dodson, 
Ellis,  Esther.  Evans,  Fletcher,  Gilstrap, 
Green,  Holcomb,  Leonard,  Linton,  Martin, 
Meyer,  Rankin.  Rohrer,  Smith  of  Mercer, 
Smith  of  Worth,  Williams  of  Caldwell, 
Williams  of  Scotland,  and  Mr.  President — 21. 

Absent  with  Leave  —  Messrs.  Foster, 
Gilbert  of  Platte,  Hughes,  Husmann,  Mor- 
ton, Newgent,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave  —  Messrs.  Bed- 
ford, Davis  of  New  Madrid,  D'Oench, 
Grammer,  Nixdorf,  Owens,  and  Switzler — 7. 

Sick  —  Messrs.  Adams,  Cowden.  and 
Mitchell— 3. 

So  the  amendment  of  Mr.  Green  was  laid 
on  the  table. 

Mr.  Drake  demanded  the  previous  ques- 
tion, which  was  sustained. 

The  question  then  being  on  adopting  the 
amendment  offered  by  Mr.  Drake,  Mr. 
Martin  demanded  the  ayes  and  noes  there- 
on; and  the  voce  being  taken,  stood  as  fol- 
lows : 

Ayes  — Messrs.  Barr.  Bonham,  Budd, 
Bunce,  Childress,  Clover,  Davis  of  Noda- 


way, Drake,  Ellis,  Esther,  Filley,  Folms- 
bee, Fulkerson,  Gamble,  Gilbert  of  Law- 
rence,  Henderson,   Holdsworth,   Holland,  j 
Hume,  King,  Linton,  McKernan,  McPher- 
son,  Mack,  Peck,  Rankin,  Strong,  Sutton,  ; 
Swearingen,  and  Weatherby — 30. 

Noes— Messrs.    Bush,  Dodson,  Evans, 
Fletcher,  Gilstrap,  Green,  Holcomb,  Leon-  j! 
ard,  Martin,  Meyer,  Rohrer,  Smith  of  Mer- 
cer,  Smith  of  Worth,  Williams  of  Caldwell,  1 
Williams  of  Scotland,  and  Mr.  President 
—16. 

Absent  with  Leave  —  Messrs.  Foster, 
Gilbert  of  Platte,  Hughes,  Husmann,  Mor- 
ton, Newgent,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave — Messrs.  Bed- 
ford,  Davis  of  New   Madrid,  D'Oench, 
Grammer.  Nixdorf,  Owens,  and  Switzler  ! 
—7. 

Sick  —  Messrs .  Adams ,  Cowden ,  and 
Mitchell— 3. 

So  the  amendment  of  Mr.  Drake  was' 
adopted. 

Mr.  Drake  offered  the  following  amend- 
ment : 

Fill  the  first  blank  in  section  seven  with 
the  word  ''first,"  and  the  second  blank  ' 
with  the  word  k '  Julv. ' ' 

-  1 

On  which  Mr.  Drake  demanded  the  pre- j  i 
vious  question,  which  was  sustained,  and|  I) 
the  amendment  of  Mr.  Drake  was  adopted!  (| 

Mr.    Gilstrap    offered    the  following 
amendment : 

Amend  the  article  by  striking  out  the  :i 
sixth  section. 

Mr.  Drake  demanded  the  previous  ques-i  if 

tion,  which  was  sustained. 

'  it 
The  question  then  being  on  the  adoption  | 

of  the  amendment  offered  by  Mr.  Gilstrap,'  n 

Mr.  Drake  demanded  the  ayes  and  noes  J 

threon;  and  the  vote  being  taken,  stood  as1  , 

follows : 

Ayes —Messrs.  Bush,  Gilstrap,  Holcomb,)  5 
and  Linton — 1.  j 

Noes  —  Messrs.  Barr,  Bonham,  Budd,  : 
Bunce,  Childress,  Davis  of  Nodaway ,  Dod- 
son, Drake,  Ellis,  Esther,  Evans/ Filley, 
Folmsbee,  Foster,  Fulkerson,  Gamble,  Gil- 
bert  of  Lawrence,  Henderson,  Holdsworth, 
Holland,  Hume,  King,  Leonard,  McKer-  ■ 
nan.  McPherson,  Mack,  Martin,  Peck, 
Rankin.  Rohrer,  Smith  of  Worth,  Strong, j 
Sutton,  Swearingen,  Weatherby,  Williams 
of  Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 38. 

Absent  with  Leave— Messrs.  Gilbert  o, 
Platte,  Hughes,  Husmann,  Morton,  New- 
gent, St.  Gem,  and  Thilenius— 7. 

Absent  without  Leave — Messrs.  Bed- 1 
ford,  Clover,  Davis  of  New  Madrid,  D '  Oench, 
Fletcher,  Grammer,  Green,  Meyer,  Nix-  I 
dorf,  Owens,  Smith  of  Mercer,  and  Switz-  ] 
er— 12. 


235 


Sick  —  Messrs*  Adams,  Cowden,  and 
Mitchell— 3. 

So  the  amendment  of  Mr.  Grilstrap  was 
not  adopted . 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  six,  line  two.  by  striking 
;out  the  words  "is  not."  and  inserting  in 
.lieu  thereof  the  words  " would  not  be:'' 
and  by  adding,  after  the  word  ••Constitu- 
tion.'' the  words  --if  the  second  article 
;  thereof  were  then  in  force. ' ' 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 
,  Amend  section  .six  by  striking  out  the 
words  "the  oath  or  affirmation  prescribed 
by  this  Constitution,  ■  '  and  by  inserting, 
'after  the  figures  ktlS62,"  the  following: 
[V the  following  oath,  to-wit:  '1,  A.  B.,  do 
'solemnly  swear  that  I  am  well  acquainted 
pith  the  terms  of  the  third  section  of  the 
[second  article  of  the  Constitution  of  the 
|State  of  Missouri,  adopted  by  the  Conven- 
ition  which  assembled  in  the  city  of  St. 
jLouis  on  the  sixth  day  of  January,  eighteen 
[hundred  and  sixty-live,  and  have  carefully 
considered  the  same:  that  I  have  never, 
(directly  or  indirectly,  done  any  of  the  acts 
In  said  section  specified;  that  1  have  always 
been  truly  and  loyally  on  the  side  of  the 
United  States,  against  all  enemies  thereof, 
(foreign  and  domestic:  that  I  will  bear  true 
(faith  and  allegiance  to  the  United  States, 
i and  will  support  the  Constitution  and  laws 
thereof  as  the  supreme  law  of  the  land,  any 
law  or  ordinance  of  any  State  to  the  con- 
trary notwithstanding:  that  I  will,  to  the 
best  ol  my  ability,  protect  and  defend  the 
Union  of  the  United  States,  and  not  allow 
'the  same  to  be  broken  up  and  dissolved,  or 
Ithe  government  thereof  to  be  destroyed  or 
overthrown,  under  any  circumstances,  if  in 
my  power  to  prevent  it:  and  that  I  make 
this  oath  without  any  mental  reservation  or 
[evasion,  and  hold  it  to  be  binding  on  me;' ' 
and  by  striking  out  of  the  sixth  line  the 
i word  •  'and. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  by  adding-  the  following  section : 
Sec.  — .   The  office  of  Register  of  Lands 

; shall  continue  until  the  General  Assembly 

shall  abolish  the  same. 

Mr.  Drake  ottered  the  following  amend- 
ment, which  was  adopted: 

Amend  by  adding  the  following  section: 
Sec.  — .  The  officer  now  known  as  the 
i  Auditor  of  Public  Accounts  shall  hereafter  be 
I styled  State  Auditor. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 
Amend  by  adding  the  following  section: 
Sec. — .  Notwithstanding*  any  provision  in 
ithe  previous  articles  of  this  Constitution,  no 


existing  law  of  this  State  shall  be  invalidated 
by  this  Constitution  until  after  the  session 
oi*  the  General  Assembly,  to  be  held  in  the 
i  month  of  November. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  by  adding  the  following  at  the 
close  of  the.  article  :  Done  by  th<j  representa- 
tives of  the  people  of  the  State  of  Missouri, 
in  Convention  assembled,  at  the  city  of  St. 

Louis,  on  the  day  of  April,  in  the  year 

of  our  Lord  one  thousand  eight  hundred 
and  sixty-five,  and  of  the  independence  of  the 
United  States  the  eighty-ninth. 

Mr.  Linton  offered  the  following  amend- 
ment : 

Amend  section  sixth  by  striking  out  of  line 
fourth  all  after  the  word  * '  'by"  to  the  word 
'•under''  inline  fifth,  and  inserting,  after 
"1802."'  in  line  sixth,  the  words  "and.  in 
addition  to  said  oath,  shall  swear  that  he  has, 
since  the  17th  day  of  December,  1881,  been 
truly  loyal  to  said  government. 

Mr.  Drake  moved  to  lay  the  amendment 
of  Mr.  Linton  on  the  table,  and  demanded 
the  ayes  and  noes  on  that  motion:  and  the 
vote  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bonham,  Budd, 
Bunce,  Childress.  Davis  of  Nodaway,  Dod- 
sqn,  Drake.  Evans,  Filley.  Folmsbee, 
Foster.  Fulkerson,  Gilbert  of  Lawrence, 
Henderson,  Holdsworth.  Holland,  Hume, 
King,  Leonard.  McKernan,  McPherson, 
Mack.  Peck,  Rankin.  Rohrer,  Smith  of 
Mercer.  Strong. Sutton,  Swearingen,  Weath- 
erby.  Williams  of  Caldwell.  Williams  of 
Scotland,  and  Mr.  President— 31. 

Noes — Messrs.  Bush,  Gilstrap.  and  Lin- 
tun— 3. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte.  Hughes.  Husmaim.  Morton,  New- 
gent.  St.  Gem.  and  Thilenius — 7. 

Absent  without  Leave — Messrs.  Bed- 
ford, Clover.  Davis  of  New  Madrid.  D'Oench, 
Ellis,  Esther.  Fletcher.  Gamble.  Grammer, 
Green.  Holcomb,  Martin.  Meyer,  Nixdorf, 
Owens,  Smith  of  Worth,  and  Switzler — 17. 

Sick  —  Messrs.  Adams,  Cowden.  and 
Mitchell— 3. 

So  the  amendment  of  Mr.  Linton  was  laid 
|  on  the  table. 

Mr.  Holland  offered  the  following  sub- 
stitute for  section  one  of  the  article: 

Section  1.  The  preceding  parts  of  this 
instrument,  except  the  second  article,  shall, 
not  take  effect  unless  this  Constitution  be 
adopted  by  the  people,  at  the  election  to  be 
hereinafter  directed;  but  the  provisions  of 
this  article,  and  of  article  two.  on  the  Eight 
of  Suffrage,  shall  be  in  force  lYmn  the  day  of 
the  adoption  of  this  Constitution  by  the 
representatives  of  the  people,  in  this  Con- 
|  vention  assembled. 


236 


Mr.  Drake  moved  to  lay  the  substitute  on 
the  table . 

On  this  motion  Mr.  Holland  demanded 
the  ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows: 

A  yes  — Messrs.  Barr,  Bonham,  Budd, 
Bunee.  Childress,  Davis  of  Nodaway,  Drake, 
Filley,  Folmsbee,  Gamble,  Gilbert  of  Law- 
rence, Henderson,  Hume,  King,  Leonard, 
Linton,  McKernan,  McPherson.  Mack, 
Peck,  Rankin,  Strong,  Sutton,  Swearingen, 
and  Weatherby — 25.  j 

Noes — Messrs.  Bush,  Clover,  Dodson,  j 
Esther,  Evans,  Fletcher,  Foster,  Fulker- 
son.  Gilstrap,  Green,  Holcomb,  Holds  worth, 
Holland,  Meyer,  Rohrer,  Smith  of  Mercer, 
Smith  of  Worth,  Williams  of  Caldwell,  Wil- 
liams of  Scotland,  and  Mr.  President — 20. 

Absent  with  Lkave — Messrs.  Gilbert  of 
Platte,  Hughes,  Husmann,  Morton,  New- 
gent,  St.  Gem,  and  Thilenius— 7. 

Absent  without  Leave  —  Messrs.  Bed- 
ford, Davis  of  New  Madrid,  D'Oench,  Ellis, 
Grammer,  Martin,  Nixdorf,  Owens,  and 
Switzler — 9. 

Sick  —  Messrs.  Adams,  Cowden,  and 
Mitchell— 3. 

So  the  substitute  was  laid  on  the  table. 
Mr.  Gilstrap  offered  the  following  amend- 
ment: 

Amend  first  section,  third  line,  after  the 
word  '  'directed, ' '  by  adding  the  following: 
'  'except  the  article  on  the  Eight  of  Suffrage, 
numbered  article  two,  which  is  hereby 
declared  in  full  force  and  effect  by  the  action 
of  this  Convention. ' ' 

Which  was  declared  out  of  order. 

On  motion  of  Mr.  Drake,  the  vote  by 
which  the  following  new  section  was 
adopted  was  reconsidered : 

Amend  by  adding  the  following  section : 
Sec.  — .  'Notwithstanding  any  provision 
in  the  previous  articles  of  this  Constitution, 
the  existing  law  of  this  State  shall  not  be 
invalidated  by  this  Constitution  until  after 
the  session  of  the  General  Assembly,  to  be 
held  in  the  ensuing  month  of  November. 

And,  on  motion,  Mr.  Drake  was  allowed 
to  substitute  in  lieu  thereof  the  following: 

Sec.  — .  Notwithstanding  any  provision! 
in  the  previous  articles  of  this  Constitution, 
no  act  of  the  General  Assembly  of  this  State 
shall  be  invalidated  by  this  Constitution 
until  after  the  first  session  of  the  said  Gen- 
eral Assembly,  held  after  this  Constitution 
•takes  effect. 

Mr.  Williams  of  Caldwell  moved  to  in- 
definitely postpone  the  further  consideration 
of  the  article  on  Provisions  for  putting  the 
Constitution  into  Force. 

Mr.  Drake  moved  to  lay  the  motion  of 
Mr.  Williams  of  Caldwell,  to  indefinitely 


postpone,  on  the  table,  and  on  this  motion 
Mr.  Williams  of  Caldwell  demanded  the 
ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows: 

Ayes  — Messrs.  Barr,  Bedford,  Budd, 
Bunce.  Childress,  Davis  of  Nodaway,  Dod- 
son, Drake,  Esther,  Filley,  Fulkerson, 
Gamble,  Gilbert  of  Lawrence,  Gilstrap, 
Green,  Holland,  King,  Leonard,  Linton, 
McKernan,  McPherson.  Mack,  E.ankin, 
Strong,  Sutton,  and  Williams  of  Scotland 
— 26/ 

Noes— Messrs.  Bonham,  Bush,  Clover, 
Evans,  Fletcher,  Folmsbee,  Foster,  Hen- 
derson, Holcomb,  Holdsworth,  Hume, 
Meyer,  Peck,  Eohrer,  Smith  of  Mercer, 
Smith  of  Worth,  Swearingen,  Weatherby, 
Williams  of  Caldwell,  and  Mr.  President 
—20. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Husmann,  Morton,  New- 
gent,  St.  Gem,  and  Thilenius— 7. 

Absent  without  Lkave — Messrs.  Davis 
of  New  Madrid,  D'Oench,  Ellis,  Grammer, 
Martin,  Nixdorf,  Owens,  and  Switzler— 8. 

Sick  —  Messrs.  Adams,  Cowden,  and 
Mitchell— 3. 

So  the  motion  to  indefinitely  postpone  was 
laid  upon  the  table. 

Mr.  Drake  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  four,  line  two,  by  insert- 
ing the  word  '  'immediately "  before  the 
word  "certified. ' ' 

Mr.  Strong  offered  the  following  amend- 
ment, which  was  adopted: 

Amend,  by  adding  to  section  six,  the  fol- 
lowing words:  Any  person  who  shall  falsely 
take,  or,  having  taken,  shall  thereafter  will- 
fully violate,  the  oath  prescribed  in  this 
section,  shall,  upon  conviction  thereof,  by 
any  court  of  competent  jurisdiction,  be 
adjudged  guilty  of  the  crime  of  perjury,  and 
shall  be  punished  therefor  in  accordance 
with  existing  law. 

Mr.  Bonham  moved  that  the  article  be 
engrossed  for  a  third  reading;  and,  on  that 
motion,  demanded  the  previous  question, 
which  was  sustained,  and  the  article  was 
ordered  to  be  so  engrossed . 

On  motion  of  Mr.  Barr,  the  militia  ordi- 
nance was  taken  up. 

Mr.  Barr  offered  the  following  amend- 
ment thereto,  which  was  adopted: 

Strike  out  "thirty-four,"  in  line  two, 
section  four,  and  insert  "thirty-two;"  also 
"fifty,"  in  same  line,  and  insert  " forty ^ 
six.''' 

Mr.  Barr  offered  the  following  amend- 
ment, which  was  adopted: 


237 


Add,  after  the  word  '  'platoon, ' ?  in  lines  i 
i two,  three,  and  live,  section  thirteen,  the 
words  "or  company. ' ' 

Mr.  Bark  offered  the  following  amend- 
ment, which  was  adopted: 

Add.  after  the  word  '  'battalion, ' ?  in  lines 
two  and  four,  section  seventeen,  the  words 
•  -  or  regiment. ' ' 

Mr.  Bark  offered  the  following  amend- 
ment, which  was  adopted: 

Strike  out.  in  line  one.  section  eighteen, 
the  words  "lawful  for,"  and  insert  in  lien  I 
thereof  '  'the  duty  of. 5 ' 


Mr.  Bark  offered  the  following  amend- 
ment, which  was  adopted: 

Strike  out  the  word  ••county."  in  line 
nine,  section  eighteen,  and  insert  "circuit. ' ' 

Mr.  Meyer  offered  the  following  amend- 
ment: 

Strikeout,  after  the  word  "officers,"  in 
second  line,  to  the  word  "shall,"  in  the 
fourth  line. 

On  motion  of  Mr.  Bonham,  the  Conven- 
I  tion  adjourned  until  9  o'clock  to-morrow 
I  morning. 


SEVENTY-S 


j  Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Prayer  by  Rev.  Mr.  McLain. 

Mr.  Drake  offered  the  following  resolu- 
tion : 

1  Resolved.  That  the  Convention  will  meet  at 

2  o'clock  P.  M.  to-morrow,  and  proceed 
ithen  immediately  to  the  final  vote  on  the 
adoption  of  the/  Constitution  as  a  whole: 
when  each  member,  who  desires  to  explain 
ihis  vote,  shall  have  the  privilege  of  doing  so 
when  his  name  is  called  on  the  roll,  being 
allowed  three  minutes  for  that  purpose;  and 
any  member  who  may  not  be  within  the  bar 
of 'the  Convention  when  his  name  is  called, 
but  who  comes  in  before  the  vole  is  finally 
announced,  shall  have  the  privilege  of 
recording  his  vote. 

Mr.  Drake  demanded  the  previous  ques- 
tion on  this  resolution,  which  was  sustained. 

The  question  then  being  on  adopting  Mr. 
Drake's  resolution,  Mr.  Smith  of  Worth  de- 
manded the  ayes  and  noes  thereon;  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Adams,  Barr,  Bonham. 
Budd,  Bunee.  Bush.  Childress,  Davis  of 
Nodaway.  Dodson,  Drake,  Esther.  Filley, 
Folmsbee,  Foster,  Fulkerson,  Gilbert  of 
Lawrence,  Henderson,  Holdsworth,  Holland. 
Hume,  King,  McKernan.  McPherson,  Peck. 
Rankin,  Smith  of  Mercer,  Strong,  Sutton, 
Swearingen.  Svvitzler,  Weatherby,  Williams 
of  Caldwell.'  Williams  of  Scotland,  and  Mr. 
President— 34. 

Noes — Messrs.  Evans,  Gamble,  Green, 
Holconib,  Linton.  Martin.  Meyer,  Eohrer. 
and  Smith  of  Worth— 9. 


a:  d^y. 


FRIDAY,  April  7th.  18G5. 


Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes.  Husmann,  Morton.  New- 
gent,  Nixdorf,  St.  Gem.  and  Thilenius — 8. 

Absent  without  Leave — Messrs.  Bed- 
ford, Clover.  Davis  of  New  Madrid,  DOench, 
Ellis,  Fletcher,  Gilstrap,  Granimer.  Leonard, 
Mack,  and  Owens — 11. 

Sick — Messrs.  Cowden  and  Mitchell — 2. 

So  the  resolution  was  adopted. 

On  request  of  Mr.  Roheee,  leave  of  ab- 
sence was  granted  to  Mr.  Nixdorf  for  the 
balance  of  the  session. 

Mr.  Strong  submitted  the  following 
report: 

The  Committee  on  Engrossed  Article-  re- 
spectfully report  that  they  have  examined 
the  article  entitled  Provisions  for  putting 
the  Constitution  into  Force,  and  find  the 
same  correctly  engrossed. 

GEO.  P.  STRONG.  Chairman. 

Mr.  Drake  offered  the  following  amend- 
ments to  said  article,  which  were  adopted: 

Amend  by  striking  out  section  ten. 

Amend,  on  page  four,  line  nineteen,  by 
striking  out  the  words  •  -  next  ensuing. ' '  and 
inserting,  after  the  word  '  -  day . ' '  the  words 
"of  said  month  of. ' ' 

Fill  the  blank  in  the  final  sentence  with 
the  word  '  "eighth." 

Mr.  Drake  moved  that  the  article  on  Pro- 
visions for  putting  the  Constitution  into 
force  be  read  a  third  time  and  adopted:  and 
on  this  motion  demanded  the  previous 
question,  which  was  sustained. 

The  question  then  being  on  the  adoption 
of  the  article,  Mr.  Drake  demanded  the 


238 


ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows: 

Ayes —  Messrs.  Adams,  Barr,  Bedford. 
Bonham,  Budd,  Bunce,  Bush,  Davis  of 
Nodaway,  Dodson,  D'Oench,  Drake,  Ellis, 
Esther,  Evans,  Filley,  Fletcher,  Folmsbee, 
Foster,  Fulkerson,  Gamble,  Gilbert  of  Law- 
rence, Green,  Henderson,  Holdsworth, 
Hume,  King,  McKernan,  McPherson,  Peck, 
Rankin,  Rohrer,  Smith  of  Mercer,  Strong, 
Sutton,  Swearingen,  Switzler,  Weatherby, 
and  Williams  of  Scotland — 38. 

Noes — Messrs.  Holcomb,  Holland,  Linton, 
Martin,  and  Smith  of  Worth — 5. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Husmann,  Morton,  New- 
gent,  Nixdorf,  St.  Gem,  and  Thilenius — 8. 

Absent  without  Leave  —  Messrs.  Chil- 
dress, Clover,  Davis  of  New  Madrid,  Gil- 
strap,  Grammer,  Leonard,  Mack,  Meyer, 
Owens,  Williams  of  Caldwell,  and  Mr.  Presi- 
dent—10. 

Sick — Messrs.  Cowden  and  Mitchell— 2. 

So  the  article  was  adopted,  and  referred  to 
the  Revising  Committee. 

Mr.  Drake,  chairman  of  the  Revising 
Committee,  made  the  following  report: 

Mr.  President:  The  Revising  Commit- 
tee, to  whom  was  referred  the  article  entitled 
Provisions  for  putting  the  Constitution 
into  Force,  beg  leave  to  report  the  same 
back  without  amendment. 

C.  D.  DRAKE,  Chairman. 

Mr.  Drake  moved  that  said  article  be  read 
the  last  time,  put  upon  its  final  passage,  and 
ordered  to  be  em-oiled  as  a  part  of  the  Con- 
stitution; on  which  motion  he  demanded  the 
previous  question,  which  was  sustained. 

The  question  then  being  on  the  final  adop- 
tion of  said  article,  Mr.  Drake  demanded  the 
ayes  and  noes:  and  the  vote  being  taken, 
stood  as  follows : 

Ayes — Messrs.  Adams,  Barr,  Bedford. 
Bonham,  Budd,  Bunco,  Childress,  Davis  of 
Nodaway.  Dodson,  D'Oench,  Drake,  Ellis, 
Esther,  'Evans,  Filley,  Folmsbee,  Fulker- 
son. Gamble,  Gilbert  of  Lawrence,  Hender- 
son, Holdsworth,  Hume,  King,  McPherson, 
Mack,  Martin,  Peck,  Rankin,  Smith  of  Mer- 
cer, Strong,  Sutton,  Swearingen,  Switzler, 
Weatherby,  and  Williams  of  Scotland — 35. 

Noes  — Messrs.  Bush,  Fletcher,  Foster, 
Holcomb.  Holland,  Linton,  Meyer,  Rohrer, 
and  Smith  of  Worth— 9. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Husmann,  Morton,  New- 
gent,  Nixdorf,  St.  Gem,  Thilenius,  and 
Mr.  President — 9. 

Absent  without  Leave — Messrs.  Clover, 
Davis  of  New  Madrid,  Gil  strap,  Grammer, 
Green,  Leonard,  McKernan,  Owens,  and 
Williams  of  Caldwell— 9. 

Sick — Messrs.  Cowden  and  Mitchell — 2. 


So  the  article  was  adopted,  and  ordered  to 
be  enrolled  as  a.  part  of  the  Constitution. 

On  motion  of  Mr.  Barr,  the  militia  ordi-  | 
nance  was  taken  up,  with  the  pending  I 
amendment : 

Strike  out,  after  the  word  "officers,"  in 
the  second  line,  to  the  word  '  'shall, ' '  in  the 
fourth  line. 

On  request  of  Mr.  Drake,  leave  of  absence  ! 
was  granted  to  himself  and  Messrs.  Holland 
and  Switzler,  to  superintend  the  enrollment 
of  the  Constitution. 

Mr.  Holland  moved  the  previous  ques- 
tion, which  was  sustained  by  the  Convention. 

The  question  then  being  on  the  pending 
amendment  offered  by  Mr.  MejTer,  to  strike 
out,  after  the  word  '  'officers,"  in  the  second 
line,  to  the  word  "shall,'1  in  the  fourth 
line,  Mr.  Holcomb  demanded  the  ayes  and 
noes;  and  the  vote  being  taken,  stood  as 
follows : 

Ayes — Messrs.  Adams,  Bunce,  Davis  of 
Nodaway,  Evans,  Fletcher,  Folmsbee,  Ful- 
kerson,"  Gilbert  of  Lawrence,  Holcomb, 
Holdsworth,  Holland,  Martin,  Meyer,  Peck, 
Rohrer,  Sutton,  Swearingen,  Weatherby, 
Williams  of  Caldwell,  and  Williams  of  Scot- 
laud— 20. 

Noes — Messrs.  Barr,  Bedford,  Bonham. 
Budd,  Bush,  Childress,  Dodson,  Ellis, 
Esther,  Filley,  Gamble,  Henderson,  Hume, 
King,  Linton,  McKernan,  McPherson, 
Mack,  Rankin,  Smith  of  Mercer,  Smith  of  ! 
Worth,  Strong,  and  Switzler — 23. 

Absent  with  Leave — Messrs.  Drake,  Gil- 
berk  of  Platte,  Hughes,  Husmann,  Morton, 
Newgent,  Nixdorf,  St.  Gem,  Thilenius,  and 
Mr.  President— 10. 

Absent  without  Leave — Messrs.  Clover, 
Davis  of  New  Madrid,  D'Oench,  Foster, 
Gilstrap,  Grammer,  Green,  Leonard,  and 
Owens — 9. 

Sick — Messrs.  Cowden,  and  Mitchell — 2. 
So  the  amendment  was  rejected. 
Mr.  Folmsbee  offered  the  following  as  a 
substitute  for  the  ordinance  on  militia: 

Be  it  ordained  by  the  People  of  the  State  of  Mis- 
souri, in  Convention  assembled,  as  follows: 
Section  1 .  That  the  act  entitled  '  'An  act  for 
the  organization  and  government  of  the 
Missouri  militia, "  passed  by  the  General  ' ; 
Assembly  of  1865,  and  approved  February 
10,  1805,'  be,  and  is  hereby,  abrogated. 

Sec.  2.  The  Governor  shall  have  power  to 
commission  not  more  than  two  brigadier 
generals,  and  to  take  such  other  steps  as  may 
be  necessary  to  create  an  efficient  militia 
organization  for  the  State,  by  volunteer 
enlistment  or  otherwise. 

Sec.  3.  The  General  Assembly  shall  have 
power  to  modify  or  repeal  this  ordinance  \ 
whenever  they  may  deem  it  proper  to  do  so. 


239 


Mr.  Baer  moved  to  lay  the  said  substitute 
upon  the  table,  on  which  motion  Mr.  Weath-  | 
erby  demanded  the  ayes  and  noes;  and 
the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Adams.  Barr,  Buck!,  Hen-  j 
.derson.  Holland,  Kino-,  Linton.  MeKernan",  | 
McPherson,  Martin,  and  Williams  of  Scot-  ! 
land— 11. 

I  Noes — Messrs.  Bedford,  Bonham,  Bnnee. 
Basil,  Childress.  Clover,  Davis  of  Nodaway. 
;  Dodson.  Ellis,  Esther,  Evans,  Filley, 
Fletcher.  Folmsbee,  Foster,  Fulkerson, 
Gilbert  of  Lawrence,  Holcomb,  Hoidsworth, 
Hume.  Mack.  Meyer.  Peck,  Rankin, 
Rohrer,  Smith  of  fiercer.  Smith  of  Worth, 
Strong.  Sutton,  Swearing-en,  Weatherby, 
and  Williams  of  Caldwell — 32. 
Absent  with  Leave — Messrs.  Drake, 

I! Gilbert  of  Platte.  Hughes,  Husmann.  Mor- ] 
ton.  Newo'ent,  Nixdorf,  St.  Gem,  Thile- 
nius. and  Mr.  President — 10. 
Absext  without  Leave — Messrs.  Davis  ] 

lof  New  Madrid,  D'Oench.  Gamble.  Gil  strap. 

(-Grammer,  Green,  Leonard,   Owens,  and! 

I'Switzler — 9. 

Sick — Messrs.  Cowden  and  Mitchell — 2. 

So  the  Convention  refused  to  lay  the  sub-  ' 
stitute  on  the  table. 
Mr.  Weatherby  offered  the  following! 
■resolution : 

Resolved,  That  the  Committee  on  Accounts  | 
|be  authorized  to  pay  to  the  doorkeeper  such  i 
lamount  for  extra  labor  rendered  by  him  to  ! 
■this  Convention,  in  keeping  the  book  of 
•accounts,  writing  out  of  checks,  warrants,  j 
land  such  other  extra  labor  by  him  performed ,  ! 
|as  they  may  deem  just. 

On  which  Mr.  Weatherby  demanded  the 
^previous  question,  which  was  sustained,  and 
fethe  resolution  was  adopted. 

Mr.  Williams  of  Caldwell  offered  the  fol-  j 
lowing  resolution,  which  was  adopted: 

\  Resolved,  That  the  Assistant  Secretary  of 
[this  Convention  be  allowed  the  same  pay  as 
[is  allowed  to  the  Secretary. 

Mr.  Childress  offered  the  following  reso- 
lution : 

Resolved,  That  no  member  of  this  Conven- 
tion shall  receive  pay  (except  in  case  of  sick- 
jness)  for  any  day  or  days  that  he  shall  have 
L  been,  or  may  hereafter  be,  absent  from  and  \ 
disconnected  with  the  legal  business  of  said 
Convention. 

Mr.  Fletcher  moved  to  lay  the  resolution  I 
on  the  table,  on  which  motion  Mr.  Clover  | 
; demanded  the  ayes  and  noes;  and  the  vote  ; 
j  being  taken,  stood  as  follows: 

Ayes  —  Messrs.  Adams,  Bedford.  Bush,  ! 
i  Clover.  Esther,  Fletcher,  Folmsbee,  Holds-  j 
■worth,  Holland,  Hume.  McPherson,  Switz- 
ler,  Weatherby,  and  Mr.  President— 14. 


Noes  —  Messrs.  Barr.  Bonham.  Btidd, 
Childress.  Davis  of  Nodaway.  Dodson, 
Drake,  Evans.  Filley,  Fulkerson,  Gamble, 
Gilbert  of  Lawrence  /  Henderson.  Holcomb . 
King,  Linton,  MeKernan.  Mack,  Peck, 
Rankin,  Rohrer,  Smith  of  Mercer.  Smith  of 
Worth.  Strong.  Sutton.  Swearingen,  Wil- 
liams of  Caldwell,  and  Williams  of  Scot- 
land— 28. 

Absext  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes.  Husmann.  Morton.  New- 
gent,  Nixdorf.  St.  Gem,  and  Thilenius — 8. 

Absext  without  Leave — Messrs.  Bunce, 
Davis  of  New  Madrid,  D'Oench.  Ellis, 
Foster.  Gilstrap.  Grammer.  Green,  Leonard. 
Martin,  Meyer,  and  Owens — 12. 

Sick— Messrs.  Cowden  and  ^Mitchell— 2. 

So  the  Convention  refused  to  lay  the  reso- 
lution on  the  table. 

Mr.  Clover  moved  that  the  Convention 
adjourn,  and  on  his  motion  demanded  the 
ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows: 

Ayes — Messrs.  Adams.  Bedford.  Bush, 
Childress.  Clover.  Drake.  Esther.  Evans, 
Fletcher,  Fulkerson,  Henderson.  Holland, 
Hume,  King,  Linton.  MeKernan,  McPher- 
son. Mack ,  Mever.  Peck.  Rankin.  Rohrer. 
Smith  of  Mercer.  Smith  of  Worth.  Strong. 
Sutton.  Swearingen.  Switzler.  and  Mr. 
President— 29. 

Noes — Messrs.  Bonham.  Dan?  of  Noda- 
way, Dodson.  Filley.  Gamble.  Gilbert  of 
Lawrence,  and  Williams  of  Scotland — 7. 

Absext  with  Leave — Messrs.  Gilbert  of 
Platte.  Hughes.  Husmann.  Morton,  New- 
gent,  Nixdorf.  St.  Gem.  and  Thilenius— 8. 

Absext  without  Leave— Messrs .  Barr. 
Budd,  Bunce.  Davis  of  New  Madrid. 
D'Oench.  Ellis,  Folmsbee.  Foster.  Gilstrap. 
Grammer,  Green,  Holcomb.  Hoidsworth. 
Leonard.  Martin,  Owens.  Weatherby,  and 
Williams  of  Caldwell— 18. 

Sick — Messrs.  Cowden  and  Mitchell—  2. 

So  the  Convention  adjourned  until  half- 
past  2  o'clock  P.  M. 

AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

On  motion  of  Mr.  Baer,  the  militia  ordi- 
nance, with  the  substitute  and  amendments 
thereto,  was  taken  up. 

Mr.  Folmsbee  withdrew  his  substitute. 

Mr.  Donsox  offered  the  following  amend- 
ment to  the  militia  ordinance: 

Amend  section  two.  line  four,  by  insert- 
ing, after  the  word  '•schools,"  the  words 
'  -  when  actually  employed  as  such;'  *  and  by 
inserting,  after  the  word  '  "gospel . ' '  the  word 
•'and;'"'  and  by  striking  out,  after  the  word 
'  'physicians. ' '  in  the  same  line,  the  words 
'  'and  railroad  employes. ' ' 


240 


Mr.  Bonham  moved  the  previous  question, 
which  was  sustained. 

The  question  then  being  on  the  amendment 
of  Mr.  Dodson,  Mr.  Bonham  demanded  the 
ayes  and  noes  thereon;  and  the  vote  being 
taken ,  stood  as  follows : 

Ayes  — Messrs.  Adams,  Barr,  Bedford, 
Bunce,  Childress,  Clover,  Dodson,  Evans, 
Hume,  McKernan,  Mack,  Rankin,  Smith  of 
Mercer,  Strong;  Weatherby,  Williams  of 
Caldwell,  and  Mr.  President— 17. 

Noes  —Messrs.  Bonham,  Budd,  Bush, 
Davis  of  Nodaway,  D'Oench,  Ellis,  Folms- 
bee,  Fulkerson,  Gilbert  of  Lawrence,  liol- 
comb,  Holdsworth,  King,  Linton.  McPlier- 
son,  Martin.  Meyer,  Peck,  Smith  of  Worth, 
Sutton,  and  Swearingen — 20. 

Absent  with  Leave — Messrs.  Drake,  Gil- 
bert of  Platte,  Holland,  Hughes,  Husmaun, 
Morton,  Newgent,  St.  Gem,  and  Switzler— 9. 

Absent  without  Leave — Messrs'.  Davis 
of  New  Madrid,  Esther,  Filley,  Fletcher, 
Foster,  Gamble,  Gilstrap,  Grammer,  Green, 
Henderson,  Leonard,  Nixdorf,  Owens, 
Rohrer,  Thilenius,  and  Williams  of  Scot- 
land— 10. 

Sick  —  Messrs.  Cowden  and  Mitchell— 2. 
So  the  amendment  of  Mr.  Dodson  was  not 
adopted . 

Mr.  Baku  offered  the  following  substitute 
for  section  live  of  the  ordinance  on  militia, 
which  was  adopted : 

Platoons    and    companies,   as    soon    as  j 
organized,  shall  elect  their  commissioned 
officers;  which  officers,  together  with  all, 
brigade,  regimental  and  staff  officers  ap-  j 
pointed  by  the    Governor,  and   all  non- 
commissioned company  officers,  shall,  before 
commissions  or  warrants  (as  the  case  may 
be)  shall  issue  to  them,  take  and  subscribe 

the  following  oath:  '"I,  A.  B.,  aged   

years,  of  the  county  of   ■,  in  the  State 

of  Missouri,  and  a  native  of   ,  do,  on 

oath  (or  affirmation),  declare  that  I  have 
not,  during  the  present  rebellion,  taken  up 
arms  or  levied  war   against  the  United 
States,  nor  against  the  State  of  Missouri; 
nor  have  willfully  adhered  to  the  enemies  of 
either,  whether   domestic   or  foreign,  by 
giving  them  aid  and  comfort  by  denouncing 
said  governments,  or  either  of  them;  by 
going  into  or  favoring,  or  encouraging  others 
to  go  into  or  favor,  secession,  rebellion,  or 
disunion;  but  have  always,  in  good  faith, 
opposed  the  same;  and  further,  that  I  will 
support,  protect,  and  defend  the  Consti- 
tution of  the  United  States,  and  of  the 
State  of  Missouri,  against  all  enemies  or  j 
opposers,  whether  domestic  or  foreign — any  | 
ordinance,  law  or  resolution  of  any  State  i 
convention  or  legislature,  or  of  any  order  or  j 
organization,   secret  or  otherwise,   to  the! 
contrary  notwithstanding;  and  that  I  do  j 
this  with  an  honest  purpose,  pledge,  and  i 
determination,   faithfully  to   perform  the ! 


same,  without  any  mental  reservation  oi 
evasion  whatever,  so  help  me  God. ' ' 

Mr.  Gilbert  of  Lawrence  offered  the  fol- 
lowing amendment: 

Amend  section  twenty-two  by  striking  out  II 
all  after  the  word  1  'men, ' '  in  the  first  hue, 
to  the  word  '  'and, ' '  in  the  second  line. 

Which  was  read,  and,  on  motion,  laid  oi: 
the  table . 

Mr.  Bush  offered  the  following  amend- 
ment, which  was  adopted: 

Amend  section  twenty-eight  by  adding 
the  following:  4  'and  may  at  any  time  amcn<; 
or  repeal  this  ordinance/' ' 

Mr.  Mack  offered  the  following  amend- 
ment : 

Amend  section  two  by  adding  at  the  enc 
thereof  the  following  words:  All  persons 
who  have  performed  military  duty  in  the 
military  service  of  the  United  States,  or  of 
this  State,  shall  be  exempt  from  service  in 
the  militia  for  the  same  length  of  time  that 
they  may  have  served  in  the  United  States! 
or  State  service,  and  have  been  honorably1 
discharged. 

Mr.  Krekel  offered  the  following  amend-' 
ment,  which  was  adopted: 

Add  at  the  end  of  third  section:  '  'and  all 
enrollments  heretofore  made,  under  existing*! 
laws,  shall  be  taken  and  considered  as  made|| 
under  this  ordinance. ' ' 

Mr.  Clover  demanded  the  previous  ques-: 
tion,  which  was  sustained. 

The  question  then  being  on  the  amend-i 
ment  of  Mr.  Mack,  it  was  disagreed  to. 

Mr.  Clover  demanded  the  previous  ques- 
upon  the  ordinance,  which  wras  sustained. 

The  question  then  being  on  engrossing 
the  militia  ordinance,  it  was  ordered  to  fx 
engrossed  for  a  third  reading. 

On  motion  of  Mr.  Strong,  the  article  or. 
Railroad  Indebtedness,  with  the  pending 
amendment  thereto  offered  by  himself,  was 
taken  up. 

Mr.  Green  offered  the  following  resolu- 
tion : 

Resolved,  That  the  further  consideration 
of  the  article  on  Railroad  Indebtedness,  and 
pending  amendments,  be  indefinitely  post- 
poned. 

On  which,  Mr.  Green  demanded  the  pre- 
vious question,  which  was  sustained. 

The  question  then  being  on  adopting  the 
resolution  of  Mr.  Green,  Mr.  Budd  de- 
manded the  ayes  and  noes  thereon;  and  th£ 
vote  being  taken,  stood  as  follows: 


241 


:  Ayes  —  Messrs.  Bedford,  Bush,  Clover, 
Davis  of  Nodaway,  Dodson,  Drake',  Esther, 
filley.  Foster,  Gilbert  of  Lawrence,  Green, 
tloleomb.  Holland,  Linton,  McKernan, 
Martin.  Meyer,  Peck,  Sutton,  and  Mr. 
President— 20. 

,  Noes  —  Messrs.  Adams,  Barr,  Bonham, 
3udd.  Childress.  Evans,  Folmsbee,  Fulker- 
;on.  Gamble.  Henderson,  Hume.  King. 
tfcPhiTson,  Mack.  Rankin.  Smith  of  Jlereer, 
Strong.  Swearingen.  Williams  of  Caldwell, 
md  V.  illiams  of  Scotland — 20. 

H  Absext  with  Leave  —  Messrs.  Gilbert 
>f  Platte,  Hughes.  Husmann,  Morton,  New- 
rent,  St.  Gem,  Switzler,  and  Thilenius — S. 

1  Absent  without  Leave — Messrs.  Bunce, 
)avis  of  New  Madrid,  D?Oeneh,  Ellis, 
Kletcher,  Gilstrap,  Grammer,  Holdsworth, 

,  Leonard.  Nixdorf,  Owens,  Rohrer.  Smith 

'  W  Wo rth,  and  Weatherby— 1 4 . 

I  Sick — Messrs.  Cowden  and  Mitchell — 2. 

I  So  the  resolution  was  not  adopted. 

r  The    question    then    recurring    on  the 

lending  amendment  of  Mr.  Strong,  it  was 

lisagreed  to. 

I  Mr.  Boxham  offered  the  following  substi- 
tute for  section  four  on  Railroad  ludebted- 
iess: 

I  Should  any  railroad  company  fail  to  com- 
ftly  with  the  provisions  of  this  article,  the 
feeneral  Assembly  shall  provide  by  law  for 
■he  sale  of  all  railroads  which  have  hereto- 
fore failed,  or  shall  hereafter  fail,  to  pay 
■tie  interest  now  due.  or  to  become  due,  on 
Bay  State  bonds  heretofore  issued  to  aid  in 
■he  construction  of  any  such  railroad.  After 
■he  sale  of  any  railroad,  rolling-stock,  or 
Ijpparatus  thereto  belonging,  wherein  sale 
Kas  made  and  such  road"  was  purchased  by 
■he  State,  on  foreclosure  of  mortgage  by  the 
|.tate,  for  the  non-payment  of  principal  and 
i-titerest  due  on  said  bonds,  the  General  As- 
■embly  is  hereby  prohibited  from  compound- 
Jug  with  any  company  or  companies  who 
Jaay  be  in  possession  of  said  road  or  roads 
It  the  time  of  such  sale;  unless  said  company 
|>r  companies  pay  to  the  State,  in  Missouri 
Jjtate  bonds,  or  cash,  the  amount  due  the 
j)tate  as  interest  on  said  bonds;  and  there- 
after interest  on  said  bonds  shall  be  paid  in 
advance,  semi-annually. 
I  The  question  being  on  this  amendment, 
Ir.  Boxham  demanded  the  ayes  and  noes 
■hereon ;  and  the  vote  being  taken,  stood  as 
■tallows  : 

I  Ayes— Messrs.  Barr,  Bedford,  Bonham. 
]  >udd.  Childress,  Davis  of  Nodaway,  Esther! 
Kvans,  Fulkerson,  Gamble,  Gilbert  of  Law- 
rence, Henderson,  McPhersou, Mack.  Peck. 
Hfcankin,  Smith  of  Worth,  Strong.  Sutton. 

iiwearingeii.  Williams  of  Caldwell.  Williams 
||>f  Scotland,  and  Mr.  President— 23. 

!  Noes  — :  Messrs .   Adams ,   Bunce ,  Bush . 

plover,   Dodson.    Drake,   Filley,  Foster, 

Ixilstrap,  Green,   Holland,   Hume,  King, 

0 


Linton.  McKeman.  Martin.  Meyer,  and 
Smith  of  Mercer— 18. 

Absext  with  Leave— Messrs.  Gilbert  of 
Platte.  Hughes,  Husmann,  Morton.  New- 
gent,  St.  Gem,  and  Switzler— 7. 

Absext  without  Leave — Messrs.  Davis 
of  New  Madrid,  D'Oench.  Ellis.  Fletcher, 
Folmsbee.  Grammer.  Holcomb,  Holds- 
Avorth.  Leonard.  Nixdorf.  Owens.  Rohrer, 
Thilenius,  and  Weatherby — 14. 

Sick — Messrs.  Cowden  and  Mitchell — 2. 

So  the  substitute  was  adopted. 

Mr.  Boxham  moved  that  the  article  on 
Railroad  Indebtedness  be  engrossed  for  a 
third  reading. 

Mr.  Clover  moved  to  adjourn,  and  on  this 
motion  Mr.  Boxham  demanded  the  ayes  and 
noes;  and  the  vote  being  taken,  stood  as 
follows : 

Ayes  — Messrs.  Barr.  Bedford.  Clover, 
Foster.  Gilbert  of  Lawrence.  Green,  Hol- 
land, Hume,  Martin,  and  Meyer— 10. 

Noes — Messrs.  Adams,  Bonham.  Budd, 
Bunce,  Bush,  Childress.  Davis  of  Nodaway, 
Dodson.  Drake.  Esther,  Evans,  Filley.  Ful- 
kerson, Gamble,  Gilstrap,  Henderson!  King. 
Linton.  Mack.  Peck,  Rankin.  Smith  °of 
Mercer,  Smith  of  Worth,  Strong.  Sutton. 
Swearingen.  Williams  of  Caldwell.  Williams 
of  Scotland,  and  Mr.  President — 29. 

Absext  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Husmann.  31orton.  New- 
gent,  Nixdorf.  St.  Gem.  and  Thilenius— S. 

Absext  without  Leave — Messrs.  Davis 
of  New  Madrid,  D'Oench.  Ellis.  Fletcher. 
Folmsbee,  Grammer,  Holcomb.  Holdsworth, 
Leonard.  McEernan,  McPherson,  Owens, 
Rohrer.  Switzler,  and  Weatherby— 15. 

Sick — Messrs.  Cowden  and  Mitchell — 2. 

So  the  Convention  refused  to  adjourn. 

Mr.  Boxham  demanded  the  previous  ques- 
tion, which  was  sustained. 

The  question  then  being  on  engrossing  the 
article  on  Railroad  Indebtedness.  Mr.  Clo- 
ver demanded  the  ayes  and  noes;  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Adams,  Bonham.  Budd, 
Childress.  Evans.  Gamble,  Gilstrap,  Hen- 
derson. McPherson.  Mack.  Peck.  Rankin, 
Smith  of  Worth.  Strong,  Sutton.  Swearin- 
gen. Williams  of  Caldwell,  and  Williams  of 
Scotland — IS. 

Noes — Messrs.  Bedford.  Bush,  Clover, 
Davis  of  Nodaway.  Dodson,  Drake.  Esther, 
Filley,  Foster,  Fulkerson.  Gilbert  of  Law- 
rence, Holland,  Hume.  King.  Linton.  Mar- 
tin. Meyer.  Smith  of  Mercer,  and  Mr. 
President— 19. 

Absext  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Husmann,  Morton,  New- 
gent,  Nixdorf,  St.  Gem,  and  Thilenius — 8. 

Absext  without  Leave — Messrs.  Barr, 
Bunce,  Davis  of  New  Madrid,  D'Oench, 
Ellis,  Fletcher,  Folmsbee,  Grammer.  Green, 
I  Holcomb,  Holdsworth,  Leonard,  McKeman, 


242 


Owens,  Rohrer,  Switzler,  and  Weatherby 
—17. 

Sick— Messrs.  Cowden  and  Mitchell— 2. 

So  the  motion  to  engross  was  rejected. 

Mr.  Bonham  introduced  the  following- 
article  on  Railroad  Indebtedness,  which  was 
read  the  first  time : 

Section  1.  All  railroad  companies  within 
this  State,  and  indebted  to  it  on  account  of 
money,  bonds,  guarantees  or  other  securi- 
ties loaned  by  the  State,  shall  pay  the  an- 
nual interest  in  Missouri  State  bonds,  or 
lawful  funds  of  the  United  States,  on  all 
such  money,  bonds  or  guarantees  due  the 
State,  on  the  first  day  of  January  in  each 
year,  after  1865;  and  in  default  of  such  pay- 
ment, by  any  railroad  company,  of  principal 
and  interest,  such  defalcation  shall  be  held 
and  taken  as  a  forfeiture  of  the  road  or 
roads  to  the  State;  and  the  General  Assem- 
bly shall  provide  to  sell  such  forfeited  road 
or  roads  at  public  sale,  to  the  highest  bidder, 
and  the  money  accruing  from  such  sale  shall 
be  applied  to  the  liquidation  of  the  liabil- 
ities of  the  road  sold. 

Sec.  2.  That  all  foreclosures  of  liens  or 
mortgages  by  the  State  against  any  railroad 


company  in  whose  favor  State  bonds  have 
been  issued,  wherein  the  State  becomes  the 
purchaser,  at  such  sale  or  foreclosure  the 
State  shall  take,  hold,  and  retain  the 
possession  of  the  same  until  a  sale  of  such 
road  can  be  effected  for  the  best  interests  of 
the  State. 

Sec.  3.  After  the  sale  of  any  railroad, 
rolling-stock,  or  appurtenances  thereto  be- 
longing, wherein  sale  was  made  and  fore- 
closed by  the  State,  on  foreclosure  of  mort- 
gage by  the  State,  for  the  non-payment  of 
principal  or  interest  due  on  bonds  issued  by 
the  State  to  aid  in  the  construction  of  said 
road,  the  General  Assembly  is  hereby  pro- 
hibited from  compromising  with  any  com- 
pany or  companies  in  possession  of  said 
road,  at  the  time  of  said  sale  of  such  road, 
unless  said  company  or  companies  pay  to 
the  State,  in  Missouri  railroad  bonds,  or  cash, 
the  amount  due  the  State  as  interest  on 
said  bonds ;  and  thereafter  the  interest  shall 
be  paid  in  advance,  semi-annually. 

Pending  the  consideration  of  which, 
on  motion  of  Mr.  Clover,  the  Conven- 
tion adjourned  until  9  o'clock  to-morrow 
morning . 


SEVENTY-SEVENTH  DA.Y. 


Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

The  pending  resolution  of  Mr.  Childress 
was  taken  up,  which  was  modified  by  him 
to  read  as  follows : 

Resolved,  That  no  member  of  this  Conven- 
tion shall  receive  pay  (except  in  case  of  sick- 
ness) for  any  day  or  days  that  he  shall  have 
been,  or  may  hereafter  be,  absent  from  and 
disconnected  with  the  legal  business  of  said 
Convention,  since  the  first  day  of  March. 

Mr.  Clover,  moved  to  reject  the  resolu- 
tion of  Mr.  Childress,  and  called  for  the 
previous  question,  which  was  sustained,  and 
the  resolution  was  rejected. 

Mr.  Drake  offered  the  following  ordi- 
nance ,  which  was  read  the  first  and  second 
time : 

AN  ORDINANCE  PROVIDING  FOR  OBTAINING  THE 
VOTES  OF  MISSOURI  SOLDIERS  ON  THE  CONSTI- 
TUTION. 

Be  it  ordained  by  the  People  of  the  State  of 
Missouri,  in  Convention  assembled,  as  fol- 
lows : 

Section  1 .  The  Governor  of  this  State  is 
required,  on  or  before  the  15th  day  of  May 


SATURDAY,  April  8th,  1865. 

next,  or  immediately  thereafter,  to  send 
messengers  to  the  different  points  where 
there  are  citizens  of  this  State,  beyond  the 
limits  thereof,  in  the  volunteer  army  of  the 
United  States,  in  order  to  obtain  the  votes  of 
such  persons  upon  the  adoption  or  rejection 
of  the  Constitution  adopted  by  this  Conven- 
tion. The  said  messengers  shall  be  pro- 
vided with  duly-prepared  poll-book?  for  said 
election,  the  expense  whereof,  and  also  the 
compensation  of  such  messengers,  and  all 
other  expenses  connected  with  sending  such 
messengers,  shall  be  certified  by  the  Gov- 
ernor, and  the  State  auditor  shall  draw  his 
warrant  upon  the  treasurer  for  all  amounts 
so  certified,  payable  out  of  any  money  in  the 
treasury  not  otherwise  appropriated.' 

To  which  Mr.  Gilstrap  offered  the  fol- 
lowing amendment,  which  was  adopted: 

Sec.  2.  That  such  number  of  copies  of 
the  new  Constitution  adopted  by  this  Con- 
vention, as  the  Governor  may  think  neces-; 
sary  to  a  proper  understanding  of  the  Con- 
stitution, shall  be  sent  to  the  Missouri  sol- 
diers with  such  messengers. 

Mr.  Drake  moved  that  the  rules  be  sus- 
pended, that  the  ordinance  as  amended  be 
considered  as  engrossed,  and  read  a  third 
time  now,  which  was  agreed  to. 


243 


The  question  then  being  upon  the  final 
passage  of  the  ordinance.  Mr.  Drake  de- 
manded the  ayes  and  noes  thereon;  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Adams,  Barr,  Bedford, 
Bonham.  Budd,  Bush,  Childress,  Clover. 
Davis  of  Nodaway,  Dodson.  Drake,  Esther, 
Evans,  Folmsbee,  Foster.  Gamble,  Gilbert 
of  Lawrence,  Gilstrap,  Green.  Henderson, 
Holcomb,  Holdsworth,  Holland,  Hume, 
Husmann,  King.  Leonard,  Linton,  McPher- 
ison,  Mack,  Martin.  Feck,  Rankin,  Rohrer, 
Smith  of  Mercer,  Strong,  Sutton.  Swear- 
ingen,  Switzler.  Yveatherby.  Williams  of 
Caldwell,  Williams  of  Scotland,  and  Mr. 
President— 43. 

Noes — None. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Meyer,  Morton,  Newgent, 
Nixdorf,  St.  Gem.  and  Thilenius — 8. 
i  Absent  without  Leave — Messrs.  Bunce, 
Davis  of  Xew  Madrid.  D'Oench,  Ellis, 
Filley,  Fletcher,  Fulkerson.  Grammer. 
McKernan.  Owens,  and  Smith  of  Worth 
—11. 

Sick — Messrs.  Cowden  and  Mitchell— 2. 
So  the  ordinance  was  adopted. 
Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved.  That  the  ordinance  providing 
for  obtaining  the  votes  of  Missouri  soldiers  ! 
on  the  Constitution,  be  enrolled,  and 
signed  by  the  President  and  attested  by  the 
Secretary,  and  deposited  in  the  office  of  the 
■  Secretary  of  State . 

j  Mr.  Strong  offered  the  following  ordi- 
l  nance  as  a  substitute  for  the  article  on  Rail- 
road Indebtedness : 

AN  ORDINANCE  FOR  THE  PAYMENT  OF  STATE 
AND  RAILROAD  INDEBTEDNESS. 

Be  it  ordained  by  the  eople  Pof  the  State  of 
I    Missouri,  in  Convention  assembled,  as  fol- 
lows : 

\   Section  1.  There  shall  be  levied  and  col- 
lected from  the  Pacific  Railroad  Company, 
"the  North  Missouri  Railroad  Company,  and 
lithe  St.  Louis  and  Iron  Mountain  Railroad 
■Company,  an  annual  tax  often  per  centum  of 
all  their  gross  receipts  for  the  transportation 
of  freight  and  passengers  (not  including 
amounts  received  from,  and  taxes  paid  to.  the 
! United  States),  from  the  first  of  October, 
1866,  to  the  first  of  October,  186S,  and  fifteen 
per  centum  thereafter;  which  tax  shall  be 
assessed  and  collected  in  the  county  of  St. 
'Louis,  in  the  same  manner  as  other  State 
itaxes  are  assessed  and  collected,  and  shall 
be  appropriated  by  the  General  Assembly 
'to  the  payment  of  the  principal  and  interest 
now  due,  or  hereafter  to  become  due,  upon 
the  bonds  of  the  State,  and  the  bonds  guar- 
anteed by  the  State,  issued  to  the  aforesaid 
railroad  comnanies. 
Sec.  2.  A  like  tax  of  fifteen  per  centum 


shall  be  assessed  and  collected  from  the 
Hannibal  and  St.  Joseph  Railroad  Company, 
and  from  the  Platte  Country  Railroad  Com- 
pany, whenever  default  is  made  by  said 
companies,  or  either  of  them,  in  the  pay- 
ment of  the  interest  or  principal  of  the 
bonds  of  the  State,  or  the  bonds  guaranteed 
by  the  State,  issued  to  said  companies, 
respectively:  which  tax  shall  be  assessi  d 
and  collected  in  such  manner  as  the  General 
Assembly  may  by  law  direct,  and  shall  be 
applied  for  the  payment  of  principal  and 
interest  of  said  bonds,  as  the  same  may 
become  due  and  payable. 

Sec.  3.  The  tax  in  this  ordinance  speci- 
fied shall  be  collected  from  each  company 
hereinbefore  named  only  for  the  payment  of 
the  principal  and  interest  of  the  bonds  for 
the  payment  of  which  such  company  shall 
be  liable;  and  whenever  such  bonds  and 
interest  shall  have  been  fully  paid,  no 
further  tax  shall  be  collected  from  such  com- 
pany; but  nothing  shall  be  received  by  the 
State  in  discharge  of  any  amounts  due  upon 
said  bonds,  except  cash,  or  other  bonds  or 
obligations  of  this  State. 

Sec.  4.  Should  either  of  said  companies 
refuse  or  neglect  to  pay  said  tax,  as  herein 
required,  and  the  interest  or  principal  of 
any  of  said  bonds,  or  any  part  thereof, 
remain  due  and  unpaid,  the  General  Assem- 
bly shall  provide  by  law  for  the  sale  of  the 
railroad  and  other  property,  and  the  fran- 
chises of  the  company,  that  shall  be  thus  in 
default  under  the  lien  reserved  to  the  State ; 
and  shall  appropriate  the  proceeds  of  such 
sale  to  the  payment  of  the  amount  remain- 
ing due  and  unpaid  from  said  company. 

Sec  5.  Whenever  the  State  shall  beeome 
the  purchaser  of  any  railroad  or  other  prop- 
erty, or  the  franchises,  sold  as  hereinbefore 
provided  for,  the  General  Assembly  shall 
provide  by  law  in  what  manner  the  same 
shall  be  sold  for  the  payment  of  the  indebt- 
edness of  the  railroad  company  in  default; 
but  no  railroad  or  other  property,  or  fran- 
chises, purchased  by  the  State,  shall  be 
restored  to  any  such  company  until  it  shall 
have  first  paid,  in  money  or  in  Missouri 
State  bonds,  or  in  bonds  guaranteed  by  this 
State,  all  interest  due  from  said  company; 
and  all  interest  thereafter  accruing  shall  be 
paid  semi-annually,  in  advance;  and  no  sale 
or  other  disposition  of  any  such  railroad  or 
other  property,  or  the  franchises,  shall  be 
made  without  reserving  a  lien  upon  all  the 
property  and  franchises  thus  sold  or  disposed 
of  for  all  sums  remaining  unpaid;  and  all 
payments  therefor  shall  be  made  in  money, 
or  in  the  bonds  or  other  obligations  of  this 
State. 

Sec  .  6.  The  General  Assembly  shall  pro- 
vide by  law  for  the  payment  bf  all  State 
indebtedness  not  hereinbefore  provided  for, 
and  for  this  purpose  a  tax  of  one-quarter  of 
one  per  centum  on  all  real  estate  and  other 
property  and  effects,  subject  to  taxation, 
shall  be  assessed  and  collected,  and  shall  be 
appropriated  for  the  payment  of  all  such 
indebtedness  that  may  have  matured;  and 


244 


the  surplus,  if  any,  shall  he  set  apart  as  a 
sinking  fund  for  the  payment  of  the  obliga- 
tions of  the  State  that  may  hereafter  become 
clue,  and  for  no  other  purpose  whatsoever. 

Mr.  Drake,  chairman  of  the  Enrolling 
Committee,  made  the  following  report: 

Mr.  President  :  The  Enrolling  Committee 
report  the  ordinance  providing  for  obtaining 
the  votes  of  Missouri  soldiers  on  the  Consti- 
tution as  truly  enrolled. 

CD.  DRAKE,  Chairman. 

On  which  the  ordinance  was  signed  by  the 
President  and  attested  by  the  Secretary,  in 
presence  of  the  Convention . 

After  debate,  Mr.  Dodson  demanded  the 
previous  question,  which  was  sustained. 

The  question  then  being  on  the  adoption 
of  the  substitute  for  the  article  on  Railroad 
Indebtedness,  offered  by  Mr.  Strong,  Mr. 
Bonham  demanded  the  ayes  and  noes  thereon; 
and  the  vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Adams,  Bedford,  Bonham, 
Budd,  Childress,  Davis  of  Nodaway ,  Evans , 
Folmsbee,  Gamble,  Henderson,  Holds  worth, 
Hume,  King,  McPherson,  Mack,  Peck, 
Rankin,  Smith  of  Mercer,  Strong,  Sutton, 
Weatherby,  Williams  of  Caldwell,  Williams 
of  Scotland,  and  Mr.  President — 24. 

Noes — Messrs.  Barr,  Bush,  Dodson, 
D'Oench,  Esther,  Filley,  Gilbert  of  Law- 
rence, Holcomb,  Husmann,  Linton,  Rohrer, 
and  Swearingen— 12. 

Absent  with  Leave— Messrs .  Drake,  Gil- 
bert of  Platte,  Holland,  Hughes,  Meyer, 
Morton,  Newgent,  St.  Gem,  and  Switz- 
ler— 9. 

Absent  without  Leave — Messrs.  Bunce, 
Clover,  Davis  of  New  Madrid,  Ellis,  Fletcher, 
Foster,  Gilstrap,  Grammer,  Green,  Leonard, 
McKernan,  Martin,  Nixdorf,  Owens,  and 
Thilenius — 15. 

Sick  —  Messrs .  Co  wden ,  Fulkerson , 
Mitchell,  and  Smith  of  Worth— 4. 

So  the  substitute  for  the  ordinance  was 
adopted. 

Mr.  Bonham  moved  that  the  ordinance  on 
Railroad  Indebtedness  be  engrossed  for  a 
third  reading;  and  on  that  motion  demanded 
the  previous  question,  which  was  sustained. 

The  question  then  being  on  engrossing  the 
said  ordinance,  Mr.  Holcomb  demanded  the 
ayes  and  noes  thereon;  and  the  vote  being 
taken,  stood  as  follows: 

Ayes— Messrs.  Barr,  Bedford,  Bonham, 
Budd,  Childress,  Davis  of  Nodaway,  Evans, 
Folmsbee,  Gamble,  Henderson,  Holds- 
worth,  Hume,  King,  McPherson,  Mack, 
Peck,  Rankin,  Smith  of  Mercer,  Strong, 
Sutton,  Swearingen,  Weatherby,  Williams 
of  Caldwell,  Williams  of  Scotland,  and  Mr. 
President — 25. 


Noes— Messrs.  Bush,  Dodson,  D'Oench 
Esther,  Filley,  Gilbert  of  Lawrence,  Hol- 
comb, Husmann,  Linton,  and  Rohrer  — 10. 

Absent  with  Leave— Messrs.  Drake,  Gil- 
bert of  Platte,  Holland,  Hughes,  Mever, 
Morton,  Newgent,  Nixdorf,  -St.  Gem, 'and 
Switzler — 10. 

Absent  without  Leave— Messrs .  Adams, 
Bunce,  Clover  Davis  of  New  Madrid,  Ellis, 
Fletcher,  Foster,  Fulkerson,  Gilstrap, 
Grammer,  Green,  Leonard,  McKernan, 
Martin,  Owens,  and  Thilenius — 16. 

Sick  — Messrs.  Cowden,  Mitchell,  and 
Smith  of  Worth— 3. 

So  the  ordinance  was  ordered  to  be 
engrossed. 

Mr.  Childress  offered  the  following  reso- 
lution : 

Resolved,  That  no  member  of  this  Con- 
vention, who  shall  have  been  absent  with- 
out leave  since  the  first  day  of  March  last, 
shall  be  entitled  to  any  pay  for  the  time  he 
shall  have  been  so  absent,  except  in  case  of 
sickness . 

Mr.  Childress  demanded  the  previous 
question,  which  was  sustained. 

The  question  then  being  on  the  adoption 
of  said  resolution,  Mr.  Evans  demanded  the 
ayes  and  noes  thereon;  and  the  vote  being 
taken,  stood  as  follows: 

Ayes  —  Messrs.  Barr,  Bush,  Childress, 
D'Oench,  Evans,  Filley,  Gilbert  of  Law- 
rence, Green,  Holds  worth,  Husmann,  Lin- 
ton, McPherson,  Mack,  Peck,  Rankin, 
Sutton,  Swearingen,  Williams  of  Scotland, 
and  Mr.  President— 19. 

Noes — Messrs.  Adams,  Bedford,  Davis  ol 
Nodaway,  Dodson,  Ellis,  Esther,  Folmsbee, 
Gamble,  Holcomb,  Hume,  King,  McKer- 
nan, Rohrer,  Smith  of  Mercer,  Strong, 
Weatherby,  and  Williams  of  Caldwell— 17. 

Absent  with Leave — Messrs.  Drake,  Gil- 
bert of  Platte,  Holland,  Hughes,  Meyer, 
Morton,  Newgent,  Nixdorf,  St.  Gem,  and 
Switzler — 10. 

Absent  without  Leave  —  Messrs.  Bon- 
ham, Budd,  Bunce,  Clover,  Davis  of  New 
Madrid,  Fletcher,  Foster,  Fulkerson,  Gil- 
strap, Grammer,  Henderson,  Leonard, 
Martin,  Owens,  and  Thilenius— 14. 

Sick— Messrs.  Cowden.  Mitchell,  and 
Smith  of  Worth— 3. 

So  the  resolution  was  adopted. 

Mr.  Filley  moved  a  reconsideration  of 
the  vote  by  which  the  resolution  offered  by 
Mr.  Childress  was  adopted;  which  motion 
was  agreed  to . 

On  motion  of  Mr.  Green,  the  resolution 
was  then  rejected. 

Mr.  Strong,  chairman  of  the  Engrossing 
Committee,  reported  the  ordinance  on 
Militia  as  truly  engrossed. 


245 


Mr.  Barr  moved  that  the  ordinance  he 
jread  a  third  time  and  adopted,  on  winch  Mr. 
Meyer  demanded  the  ayes  and  noes:  and 
the  vote  "being*  taken,  stood  as  follows: 

Ayes — Messrs.  Adams.  Barr,  Bedford.  ! 
Bonham,  Budd.  Bush,  Childress.  Davis  of 
Xodawav.  Dodson.  D'Oench.  Drake.  Ellis. 
Esther,  Filley.  Folmsbee.  Gilbert  of  Law- 
rence, Henderson.  Holdsworth,  Holland. 
Hume,  King*.  Linton.  McKernan,  McPher- 
:son.  Mack,  Peck,  Rankin,  Rohrer,  Smith 
of  Mercer.  Strong.  Sutton.  Swearingen, 
Switzler,  Weatherbv.  Williams  of  Caldwell, 
and  "Williams  of  Scotland— 36. 

Noes — Messrs.  Evans,  Gamble,  Holconib, 
Husmann,  Meyer,  and  Mr.  President — (3. 

Absent  with  Leave — Messrs.  Foster, 
Gilbert  of  Platte,  Hughes,  Morton.  Xew- 
gent.  Xixdorf.  St.  Gem.  and  Thilenius— S. 
;  Absent  without  Leave — Messrs.  Bunce, 
Clover.  Davis  of  Xew  Madrid,  Fulkerson, 
Gilstrap,  Grammer.  Leonard.  Martin,  and 
Owens— 9. 

Sick  — Messrs.  Cowden,  Mitchell,  and 
.Smith  of  Worth— & 

!  Excused— Messrs .  Fletcher  and  Green— 2 . 
}   So  the  ordinance  was  adopted. 

Mr.  Greex  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  Committee  on  Accounts 
are  hereby  directed,  after  the  Convention 
adjourns,  to  take  charge  and  dispose  of  the 
furniture  and  effects  of  the  Convention  room, 
and  apply  the  proceeds  to  defraying-  the 
expenses  of  the  Convention. 

Mr.  Filley,  chairman  of  the  Committee 
on  Printing,  presented  the  following*  report: 

The  Committee  on  Printing  respectfully 
report  that,  after  a  careful  investigation  of 
the  expense  of  printing  and  binding  the 
Journal  and  Debates  of  the  Convention,  and 
inviting  proposals  for  the  work  from  various 
persons  and  establishments,  they  have  found 
the  proposal  of  Messrs.  McKee,  Fishback  & 
Co.  as  low  as  any  other,  and  have  accord- 
ingly made  an  arrangement  with  them  to  do 
tike  work  at  the  following  rates : 

For  each  thousand  ems  of  composition,  sixty-five 
[cents     For  paper,  $10.40  per  ream.    Press  work,  37M 
cents  per  token     For  binding,   folding   and  stitching,  j 
with  s:rong  paper  cover,  similar  to  the  copies  of  the  1 
proceedings  of  the  Convention  of  1S61,  10  cents  per  i 
volume.    Tbe  quality  of  paper,  printing,  and  style,  to 
be  uniform  with  that  of  the  Journal  and  Debates  of 
the  Convention  of  1S61. 

The  committee  recommend  the  adoption  ! 
of  the  following  resolutions : 

Resolved,  That  the  Secretary  of  the  Con-  I 
vention  be  instructed  to  deliver  to  McKee.  1 
Fishback  &  Co.  the  copy  of  the  Journal  of 
the  Convention,  for  printing,  after  having, 
carefully  compared  the  same" with  the  origi- 
rial  record. 

!    Resolved,  That  the  Reporter  of  the  Con-  , 
i vention  be  instructed  to  deliver  to  McKee,  j 
| Fishback  &  Co. ,  the  copy  of  the  Debates  and 
proceedings,  for  printing. 


Resolved,  That  three  thousand  two  hun- 
dred copies  of  the  Journal  and  Debates  be 
printed  and  bound,  for  the. use  of  the  mem- 
bers of  the  Convention:  and  that  fifty  copies 
thereof  be  delivered  to  each  member  for  sent 
to  him,  in  such  manner  as  the  members  may 
severally  direct. 

CHAUXCEYI.  FILLEY. 
WYLLYS  KLXG. 

Ma )ority  Committee . 
St.  Louis,  April  8,  1S65. 

We  agree  to  do  the  work  specified  in  the 
foregoing*  report  on  the  terms  therein  stated. 

McKee.  Fishback  &  Co. 

Mr .  D '  Oexch  made  the  following  minority 
report : 

The  undersigned,  a  member  of  the  Com- 
mittee on  Printing,  desires  to  say  that  he 
fully  agrees  with  the  report  of  the  majority 
of  said  committee  as  far  as  the  arrangement 
for  printing  and  binding  with  Messrs.  McKee, 
Fishback  &  Co..  of  this  city,  is  made;  but 
differs  in  this:  that  he  recommends  a  sepa- 
rate contract  for  the  printing  of  the  Journal 
only,  which  would  form  a  volume  by  itself, 
and  could  be  published  at  an  earlier  day;  and 
that  the  speeches  and  proceedings  should  not 
be  printed,  as  it  will  save  a  very  large 
amount  to  our  impoverished  State.  The 
undersigned  is  of  opinion  that,  if  the  Con- 
vention'" desires  to  have  the  speeches  and 
proceedings  printed,  the  committee  should 
be  instructed  to  that  effect,  when  a  special 
contract  could  be  made. 

All  of  which  is  respectfully  submitted. 

VV.  D'Oench. 

St.  Louis,  April  8,  1SS5. 
Mr.  Greex  offered  the  following  resolu- 
tion: 

Resolved.  That  the  journal  of  the  proceed- 
ings of  this  Convention,  only,  shall  be 
published  at  public  expense ;  that  the  print- 
ing of  the  debates  is  unnecessary:  and  that 
the  Committee  on  Printing  be  authorized  to 
cause  so  many  copies  of  the  journals  of  the 
proceedings  to  be  printed  as  may  be  neces- 
sary to  furnish  fifty  copies  to  each  member. 

Mr.  Williams  of  Caldwell  offered  the 
following  resolution,  which  was  declared 
out  of  order : 

Resolved.  That  this  Convention  will  adjourn 
sine  die  at  10  o'clock  a.  m.,  Monday,  April 
10,  1S65. 

Mr.  Drake  moved  to  lay  the  resolution  of 
Mr.  Green  on  the  table. 

On  this  motion  Mr.  Greex  demanded  the 
ayes  and  noes;  and  the  vote  being  taken, 
stood  as  follows : 

Ayes— Messrs.  Barr.  Bonham,  Davis  of 
Xodawav.  Drake,  Evans.  Filley.  Folmsbee, 
Henderson,  Hume,  King.  McPherson.  Mack. 
Peck,  Smith  of  Mercer,  Strong,  Sutton, 
Switzler,  Weatherbv,  and  IS  illiams  of  Cald- 
well— 19! 


246 


Noes  — Messrs.  Adams,  Bedford,  Bush, 
Childress,  Dodson,  D'Oench,  Esther, 
Fletcher,  Gamble,  Gilbert  of  Lawrence, 
Green,  Holcomb,  Holdsworth,  Holland, 
Husmann,  Linton,  McKernan,  Meyer.  Ban- 
kin,  Rohrer,  Swearingen,  Williams  of  Scot- 
land, and  Mr.  President— 23. 

Absent  with  Leave— Messrs.  Gilbert 
of  Platte,  Hughes,  Morton,  Newgent,  and 
St.  Gem — 5. 

Absent  without  Leave— Messrs.  Budd, 
Bunce,  Clover,  Davis  of  New  Madrid,  Ellis, 
Foster,  Gilstrap,  Grammer,  Leonard,  Mar- 
tin, Nixdorf,  Owens,  and  Thilenius— 13. 

Sick  —  Messrs .  Cowden ,  Fulkerson , 
Mitchell,  and  Smith  of  Worth— L 

So  the  motion  to  lay  on  the  table  was 
rejected. 

On  motion  of  Mr.  Drake,  the  Convention 
adjourned  until  2  o'clock  P.M. 


AFTERNOON  SESSION. 

Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 

Mr.  Strong,  chairman  of  the  Engrossing 
Committee,  reported  that  the  ordinance  for 
the  Payment  of  State  and  Railroad  Indebt- 
edness was  truly  engrossed. 

Mr.  Strong  ottered  the  following  amend- 
ment to  said  ordinance : 

Sec.  7.  At  the  election  to  be  held  on  the 
sixth  day  of  June,  eighteen  hundred  and 
sixty-five,  for  the  purpose  of  ascertaining 
the 'sense  of  the  people  in  regard  to  the 
adoption  or  rejection  of  the  Constitution 
adopted  by  this  Convention,  the  question  of 
the  adoption  or  rejection  of  this  ordinance 
shall  be  submitted  to  the  voters  of  this  State, 
who  shall  be  qualified  as  voters  under  the 
provisions  of  article  thirteenth  of  said  Consti- 
tution, and  shall  take  the  oath  in  said  article 
prescribed;  and  the  vote  at  such  election 
shall  be  taken,  and  returns  thereof  made,  at 
the  same  time,  under  the  same  restrictions, 
and  in  the  same  manner,  as  in  said  article  is 
provided  for  the  vote  upon  the  question  of 
the  adoption  or  rejection  of  said  Constitution. 
The  election  herein  provided  for  shall  be  by 
ballot.  Those  ballots  in  favor  of  this  ordi- 
nance shall  have  written  or  printed  thereon 
the  words,  *  'Shall  the  railroads  pay  their 
bonds '?  — Yes . ' '  Those  opposed  to  this  ordi- 
nance shall  have  written  or  printed  thereon 
the  words,  "Shall  the  railroads  pay  their 
bonds? — No."  If  the  majority  of  all  the 
votes  cast  at  such  election  shall  be  in  favor 
of  this  ordinance,  the  same  shall  be  valid 
and  have  full  force  and  effect  as  a  part  of  the 
Constitution  of  this  State,  whether  the  new 
Constitution  adopted  by  this  Convention  be 
adopted  or  rejected,  if  a  majority  of  such 
votes  shall  be  against  this  ordinance,  it  shall 
have  no  force  or  validity  whatsoever.  The 


Governor  of  this  State  shall,  by  proclama- 
tion, make  known  the  result  of  the  election 
herein  provided  for. 

Mr.  Strong  demanded  the  previous  ques- 
tion, which  was  sustained. 

Mr.  Drake  demanded  a  call  of  the  house, 
which  was  sustained,   and  the  following  ! 
gentlemen  answered  to  their  names : 

Messrs.  Adams,  Barr,  Bedford,  Bonham, 
Budd,   Bunce',   Bush,   Childress,   Clover,  1 
Davis  of  Nodaway,  Dodson,  Drake,  Ellis, 
Esther,  Evans,  Filley,  Foster,  Fulkerson, 
Gamble,   Gilbert  of  Lawrence,   Gilstrap,  \ 
Green,  Henderson,  Holcomb,  Holdsworth, 
Holland,  Hume,  Husmann,  King,  Leonard, 
Linton,  McKernan,  McPherson,  Mack,  Mar- 
tin, Meyer,  Peck,  Rankin,  Rohrer,  Smith; 
of  Mercer,    Strong,   Sutton,  Swearingen, 
Switzler,  Weatherby,  Williams  of  Caldwell, ! 
Williams  of  Scotland,  and  Mr.  President— 48.  j 

Absent  with  Leave  —  Messrs.  Gilbert 
of  Platte,  Hughes,  Morton,  Newgent,  Nix- 
dorf, and  St.  Gem— 6.  j 

Absent  without  Leave — Messrs.  Davis  i 
of  New  Madrid,  D'Oench,  Fletcher,  Folms- 
bee,  Grammer,  Owens,  and  Thilenius — 7. 

Sick  —  Messrs .  Cowden ,  Mitchell ,  and  I  \ 
Smith  of  Worth— 3. 

On  motion  of  Mr.  Barr,  further  proceed- 
ings under  the  call  were  dispensed  with. 

The  pending  amendment,  offered  by  Mr.  0 
Strong,  was  then  adopted. 

Mr.  Clover  moved  to  lay  on  the  table  the  ;  jj 
ordinance  on  Railroad  Indebtedness,  on  E 
which  Mr.  Strong  demanded  the  ayes  and  |  5 
noes;  and  the  vote  being  taken,  stood  as  ^ 
follows : 

Ayes — Messrs.  Bush,   Clover,   Davis  of  1 5 
Nodaway,  Dodson,  Drake,  Ellis,  Esther, 
Filley,  Foster,  Gilbert  of  Lawrence,  Green,  i 
Holcomb,   Holland,    Husmann,  Leonard, 
Linton,  McKernan,  Mack,  Martin,  Meyer, 
and  Mr.  President — 21. 

Noes — Messrs.  Adams,  Barr,  Bedford, 
Bonham.  Budd,  Bunce,  Childress,  Evans, 
Fulkerson,  Gamble,  Gilstrap,  Henderson,  ;  | 
Holdsworth,  Hume,  King,  McPherson, 
Peck,  Rankin,  Rohrer,  Smith  of  Mercer, 
Strong,  Sutton,  Swearingen,  Switzler, 
Weatherby,  Williams  of  Caldwell,  and  Wil- 
liams of  Scotland — 27. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Morton,  Newgent,  Nixdorf,  | 
and  St.  Gem — 6. 

Absent  without  Leave — Messrs.  Davis 
of  New  Madrid,  D'Oench,  Fletcher,  Folms- 
bee,  Grammer,  Owens,  and  Thilenius— 7. 

Sick  —  Messrs .  Cowden ,  Mitchell ,  and 
Smith  of  Worth— 3. 

So  the  motion  to  lay  the  ordinance  on  the 
table  was  rejected. 

Mr.  Green  moved  that  the  ordinance  on 
Railroad  Indebtedness  be  read  for  informa- 
tion ;  which  motion  was  disagreed  to . 


247 


The  question  then  being'  on  the  adoption 
of  the  ordinance,  Mr.  Bush  demanded  the 
ayes  and  noes  thereon:  and  the  vote  being 
taken,  stood  as  follows: 
!  Ayes  —  Messrs.  Adams,  Barr,  Bedford, 
Bonham,  Budd,  Bunce,  Childress,  Davis  of 
Nodaway,  Evans,  Folmsbee,  Fulkerson, 
Gamble,  Gilstrap,  Henderson,  Holds worth, 
Hume,  McPherson.  Mack,  Peck,  Rankin, 
Smith  of  Mercer,  Strong,  Sutton.  Switzler, 
Weatherby.  Williams  of  Caldwell,  and  Wil- 
liams of  Scotland— 27. 

I  Noes  —  Messrs.  Bush,  Clover,  Dodson, 
D'Oench,  Drake,  Ellis.  Esther,  Filley, 
Gilbert  of  Lawrence,  Green,  Holcomb, 
Holland.  Husmann,  King  Leonard,  Linton, 
McKernan.  Martin,  Meyer,  Rohrer,  Swear - 
;ingen,  and  Mr.  President — 22. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Morton,  Newgent,  Nix- 
dorf,  and  St.  Gem— G. 

Absent  without  Leave — Messrs.  Davis 
[of  New  Madrid,  Fletcher,  Foster,  Gram- 
mer,  Owens,  and  Thilenius — (3. 
!   Sick — .Messrs.  Cowden  and  Mitchell — 2. 

Excused  from  Voting  —  Mr.  Smith  of 
Worth— 1 . 

So  the  ordinance  was  adopted. 

Mr.  Drake,  chairman  of  the  Committee 
on  Enrolling,  presented  the  following  report  : 

Mr.  President:  The  Enrolling  Commit- 
tee beg  leave  to  report  that  they  have  care- 
fully examined  and  compared  the  two 
enrolled  copies  of  the  Constitution  with  the 
several  engrossed  articles  thereof,  as  adopted 
by  the  Convention,  and  find  the  same  to  be 
correctly  and  truly  enrolled;  and  herewith 
lay  the  said  two  enrolled  copies  of  the  Con-  J 
stitution  before  the  Convention. 

The  committee  further  report  that,  in 
prder  to  secure  the  enrollment  of  the  Con-  \ 
stitution  in  a  proper  manner  and  in  due  I 
time,  they  were  obliged  to  employ  two  gen-  j 
tlemen,   'Messrs.   Andrew  W.  Mead  and  j 
Michael  J.  McGrath,  to  do  the  work;  and  it ; 
was  agreed  to  pay  them  twenty  cents  per 
hundred  words.    The  number  of  words  in 
the  Constitution,  upon  a  careful  computa- 
tion, we  find  to  be  17,062;  and  there  is  there- 
fore due  to  each  of  those  gentlemen  the  sum 
of  $34.12,  which  the  committee  recommend 
should  be  authorized  to  be  paid  to  them;  and 
we  therefore  submit  the  following  resolution 
for  adoption  by  the  Convention : 

Resolved,  That  the  Committee  on  Accounts 
shall  allow  and  pay  to  Andrew  W.  Mead 
and  Michael  J.  McGrath,  each,  the  sum  of' 
$31.12,  for  their  services  in  enrolling  the 
Constitution.      CD.  DRAKE. 

W.  S.  HOLLAND. 
WM.  F.  SWITZLER, 

Committee . 

Which  resolution  was  adopted. 

Mr.  Drake  moved  that  the  Constitution  ' 
now  be  finally  adopted;  and  on  that  motion  j 


he  called  for  the  previous  question,  which 
was  sustained. 

Mr.  Clover  moved  that  the  Constitution 
be  read  as  a  whole;  which  was  disagreed  to. 

Mr.  Clover  moved  that  the  article  on  the 
Right  of  Suffrage  be  read;  which  was  dis- 
agreed to. 

The  question  then  being  on  the  final  adop- 
tion of  the  Constitution,  Mr.  Drake  de- 
manded the  ayes  and  noes  thereon;  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Adams,  Barr,  Bonham, 
Budd,  Bunce.  Childress,  Davis  of  Nodaway, 
Dodson,  Drake,  Ellis,  Esther,  Evans,  Filley, 
Folmsbee,  Fulkerson,  Gamble,  Gilbert  of 
Lawrence,  Henderson,  Holcomb,  Holds- 
worth,  Holland,  Hume,  King,  Leonard, 
McKernan,  McPherson,  Mack,  Martin,  Peck, 
Rankin.  Smith  of  Mercer,  Strong,  Sutton, 
Swearino-en,  Weatherby,  Williams  of  Cald- 
well, Williams  of  Scotland,  and  Mr.  Presi- 
dent—3S. 

Noes— Messrs.  Bedford,  Bush,  D'Oench, 
Fletcher,  Foster,  Gilstrap,  Green,  Husmann, 
Linton,  Meyer.  Rohrer,  Smith  of  Worth, 
and  Switzler — 13. 

Absent  with  Leave— Messrs.  Gilbert  of 
Platte,  Hughes,  Morton,  Newgent,  Nixdorf, 
and  St.  Gem — 0. 

Absent  without  Leave — Messrs.  Clover, 
Davis  of  New  Madrid,  Grammer,  Owens,  and 
Thilenius — 5. 

Sick — Messrs.  Cowden  and  Mitchell — 2. 

So  the  Constitution  was  finally  adopted. 

On  motion  of  Mr.  Drake,  the  Rev.  Thos. 
Cole  was  invited 'to  offer  prayer,  which  he 
came  forward  and  did. 

Thereupon  the  following  members  and 
officers  of  the  Convention  proceeded  to  sign 
duplicate  copies  of  the  Constitution,  in 
accordance  with  a  resolution  heretofore 
adopted  by  this  body : 

Arnold  Krekel,  of  St.  Charles  co.,  Pres't. 
Chas.  D.  Drake,  of  St.  Louis,  Yice  Pres't. 
Wm.  B.  Adams,  of  Montgomery  county. 
A.J.  Barr,  of  Ray  county. 
A.  M.  Bedford,  of  Mississippi  county. 
D.  Bonham,  of  Andrew  county. 
Geo.  K.  Budd,  of  St.  Louis  county. 
Harvey  Bunce,  of  Cooper  county. 
R.  L.  Childress,  of  Webster  county. 
JohnH.  Davis,  of  Nodaway  county. 
I.  B.  Dodson,  of  Adair  county. 
John  H.  Ellis,  of  Livingston  county. 
John  Esther,  of  Laclede  county. 
Ellis  G.  Evans,  of  Crawford  county. 
Chauncey  I.  Filley,  of  St.  Louis  county. 
J.  W.  Fletcher,  of  Jefferson  county. 


248 


W.  H.  Folmsbbe,  of  Daviess  county. 
F.  M.  Fulkerson,  of  Saline  county. 
John  W.  Gamble,  of  Audrain  county. 
A.  Gilbert,  of  Lawrence  county. 
David  Henderson,  of  Dent  county. 
E.  A.  Holcgmb,  of  Chariton  county. 
W.  S.  Holland,  of  Henry  county. 
J  .  F.  Hume,  of  Moniteau  county. 
Wyllys  King,  of  St.  Louis  county. 
Reeves  Leonard,  of  Howard  county. 
JohnF.  McKernan,  of  Cole  county. 
Archibald  M.  McPherson,  of  Perry  county. 
John  A.  Mack,  of  Greene  county. 
Ferdinand  Meyer,  of  St.  Louis  county. 
Dorastus  Peck,  of  Iron  county. 
Jonathan  Thos.  Rankin,  of  Dade  county. 
K.  G.  Smith,  of  Mercer  county. 
Geo.  P.  Strong,  of  St.  Louis  county. 
James  T.  Sutton,  of  Wayne  county. 
John  R.  Sweaeingen,  of  Jackson  county. 
Wm.  F.  Switzler,  of  Boone  county. 
Lewis  H.  Weatherby,  of  DeKalb  county. 
Jeremiah  Williams,  of  Caldwell  county. 
Eugene  Williams,  of  Scotland  county. 

Attest:    AMOS  P.  FOSTER,  Secretary. 
Thos.  Proctor,  Ass't  Secretary. 

The  President  read  the  following  paper, 
and,  in  accordance  therewith,  signed  Mr. 
Holdsworth's  name  to  the  duplicate  copies 
of  the  new  Constitution: 

The  undersigned,  member  of  this  Conven- 
tion, hereby  authorizes  and  empowers  the 
President  of  the  Convention  to  sign  his 
name  to  the  Constitution,  when  the  same 
shall  have  been  adopted . 

J.  H.  Holds  worth,  from  Monroe. 

Mr.  Barr  offered  the  following  resolution, 
which  was  adopted : 

Resolved,  That  the  thanks  of  this  Conven- 
tion are  hereby  tendered  to  Hon.  Arnold 
Krekel.  President  of  this  body,  for  the  able 
and  impartial  manner  in  which  he  has  dis- 
charged the  duties  of  his  office. 

Mr.  Barr  offered  the  following  resolution, 
which  was  adopted : 

Resolved,  That  this  Convention  do  adjourn 
sine  die  on  Monday  next,  at  10  o'clock,"  a.  m. 

Mr.  Strong  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  ordinance  entitled  ' '  An 
ordinance  for  the  organization  and  govern- 
ment of  the  Missouri  militia, ' '  adopted  by 
this  Convention  April  8,  1S65,  and  the  ordi- 
nance entitled  "An  ordinance  for  the  pay- 
ment of  State  and  railroad  indebtedness," 
adopted  by  tins  Convention  Aprils,  1865,  be 


enrolled ,  and  a  copy  thereof,  certified  by  the 
President  and  Secretary  of  this  Convention,  ! 
be  filed  in  the  office  of  the  Secretary  of 
State. 

The  pending  reports,  and  the  amendment, 
relative  to  printing,  were  called  up. 

The  question  then  being  on  the  amend-  j 
ment  of  Mr.  Green,  Mr.  Bonham  demanded 
the  ayes  and  noes  thereon;  and  the  vote 
being  taken,  stood  as  follows : 

Ayes— Messrs.  Bush,  Dodson,  Fletcher, 
Foster,  Gamble,  Gilstrap,  Hoicomb,  Hus-  ! 
mann,  Linton,  Meyer,  Eohrer,  Swearingen, 
and  Williams  of  Scotland — 13. 

Noes — Messrs.  Barr,  Bedford,  Bonham,  \ 
Childress.  Davis  of  Nodaway,  Drake,  Esther, 
Evans,  Filley,  Folmsbee,  "Fulkerson.  Gil- 
bert of  Lawrence,  Henderson,  Hume.  King, 
McPherson,  Mack,  Peck,  Smith  of  Mercer, 
Strong,  Sutton,  Switzler,  "Weatherby,  Wil- 
liams of  Caldwell,  and  Mr.  President— 25. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,   Hughes,  Morton,   Newgent,  Nix-  ; 
dorf,  and  St.  Gem — 6. 

Absent  without  Leave — Messrs.  Adams, 
Budd,  Bunce,  Clover,  Davis  of  New  Madrid, 
D'Oench,  Ellis,  Grammer,  Green,  Holds- 
worth,  Holland,  Leonard,  McKernan,  Mar- 
tin, Owens,  Rankin,  and  Thilenius — 17. 

Sick  —  Messrs.  Cowden,  Mitchell,  and1 
Smith  of  Worth— 3. 

So  the  amendment  of  Mr.  Green  was 
rejected. 

The  question  then  being  on  the  original  t 
resolutions  offered  by  the  committee,  they 
were  adopted. 

Mr.  Drake  offered  the  following  resolu-.  j 
tion,  which  was  adopted: 

Resolved,  That  twenty-five  thousand  copies 
of  the  Constitution,  and  the  ordinance  for  !; 
the  Payment  of  State  and  Railroad  Indebt- 
edness, be  printed  on  an  open  sheet  (both  f 
being  on  the  same  sheet),  and  that  five 
thousand  copies  thereof  be  furnished  to  the 
Governor  to  be  sent  to  the  Missouri  soldiers, 
and  the  remainder  thereof  be  distributed 
among  the  members  in  equal  proportions; 
and  that  the  expense  of  transmitting  the  same 
to  the  members  be  paid  out  of  the  money  in 
the  hands  of  the  chairman  of  the  Committee 
on  Accounts . 

Mr.  Barr  moved  to  reconsider  the  vote  by 
which  the  Constitution  was  adopted,  and 
Mr.  Drake  moved  to  lay  that  motion  on  the 
table;  which  latter  motion  was  agreed  to. 

Mr.  Drake  offered  the  following  resolu- 
tion ,  which  was  adopted : 

Resolved,  That  the  journal  of  this  Con- 
vention be  printed  in  a  volume  separate 
from  the  debates  and  proceedings . 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 


249 


Resolved.  That  the  President  of  this  Con- 
vention be  continued  in  office  ninety  days 
after  the  final  adjournment  of  the  Conven- 
tion: and  that  he  be  required  to  see  that  all 
property  of  the  State,  in  possession  of  the 

(Convention,  be  returned  to  the  State;  and 
:hat  he  be  authorized,  also,  to  do  such  other 
acts  as  may  be  necessary  to  close  up  the 
business  and  affairs  of  the  Convention. 

Mr.  Williams  of  Caldwell  offered  the  fol- 
lowing- resolution,  which  was  adopted: 

il  Resolved,  That  the  Committee  on  Printing 
be  instructed  to  procure  three  thousand 
■copies  of  a  list  of  the  names,  post-office 
address,  occupation,  etc..  of  members  of 

phis  Convention,  and  distribute  the  same 

Ijainong  the  members. 

I  Mr.  Evaxs  offered  the  following-  resolu-  | 
tion.  which  was  adox)ted: 


Resolved.  That  the  thanks  of  this  Conven- 
tion are  due.  and  are  tendered,  to  the  Iron 
Mountain.  Xorth  Missouri.  Hannibal  and 
St.  Joseph,  the  Atchison.  St.  Joseph  and 
Platte  Country,  and  the  Pacific,  railroad 
companies,  for  the  courtesies  extended  to 
this  Convention. 

Mr.  Drake  offered  the  following-  resolu- 
tion, which  was  adopted: 

Resolved.  That  the  reporter  of  the  Conven- 
tion be  authorized  to  employ  two  assistants 
in  the  writing  out  of  the  debates  and  pro- 
ceedings, at  twenty-five  dollars  per  week, 
each,  for  a  period  not  exceeding-  three 
months ;  and  that  the  Committee  on  Ac- 
counts be  authorized  to  pay  such  assistants. 

On  morion,  the  Convention  adjourned 
until  Monday  morning-  next  at  9  o'clock. 


SEVENTY- 


I  Convention  met  pursuant  to  adjournment, 
the  President  in  the  chair. 
1  On  motion  of  Mr.  Drake,  a  call  of  the 
[house  was  ordered,  when  the  following 
(members  responded  to  their  names : 
\  Messrs.  Barr,  Bedford.  Bonham.  Chil- 
dress. Dodson.  Drake.  Esther,  Fletcher. 
»Foimshee.  Fulkerson,  Gilbert  of  Lawrence, 
Bilstrap,  Green,  Henderson,  Holcomb, 
golds  worth,  Hume.  King-,  .Leonard.  Mc- 
[Kernan.  McPherson,  Peek,  Eohrer,  St.  Gem, 
Knith  of  Mercer,  Smith  of  Worth.  Sutton. 
(S wearing-en.  Thilenius.  Weatherby,  WH- 
jlianis  of  Caldwell.  Williams  of  Scotland, 
land  Mr.  President— 33. 
f- Absent — Messrs.  Adams.  Budd.  Bunce, 
push,  Clover.  Davis  of  Xew  Madrid.  Davis 
ofXoclawav.  D'Oench.  Ellis.  Evans.  Fil- 
iley.  Foster.  Gamble,  Gilbert  of  Platte. 
Grammer.  Holland.  Hughes,  Husmann, 
[Linton.  Mack.  Martin,  Meyer.  Mitchell. 
Morton,  ftewgent,  Mxdorf.  'Owens.  Ean- 
fkin.  Strong,  and  SwitzLer — 30. 
;    Sick — Mr.  Cowden — 1. 

On  motion  of  Mr.  Williams  of  Caldwell, 
ifurther  proceedings  under  the  call  were  dis- 
pensed with. 

Mr.  Drake  offered  the  following  resolu- 
tion : 

I  Resolved.  That  the  resolution  adopted  on 
Saturday  last,  fixing-  the  hour  of  10  o'clock 
this  day  for  adjournment,  be  rescinded. 

Onwhieh  Mr.  Drake  demanded  the  pre- 
vious question,  which  was  sustained,  and 
the  resolution  was  adopted. 


IGHTH  DAY. 

MONDAY,  April  10th.  1S65. 

I  The  President  caused  a  dispatch  to  be 
read,  announcing  the  surrender  of  the  rebel 

•  army  under  General  Lee  to  General  Grant. 

On  motion  of  Mr.  Drake,  nine  cheers 
were  given  for  the  glorious  news  just  now 
received . 

Mr.  Greek  offered  the  following  resolu- 
tions: 

Resolved.  That  we  have  reason  to  be  thank- 
]  ful  to  Almighty  God  for  the  successes  of  our 
noble  and  patriotic  army  and  navy:  for  the 
steady  and  persistent  perseverance  of  our 
noble  President  in  the  work  of  breaking-  the 
power  of  the  rebellion  :  and  especially  for 
the  noble  and  humane  disposition  which  has 
been  manifested  by  our  authorities  to  our 
conquered  enemy. 

Resolved,  farther.  That  we  are  ready  to 
sustain  our  noble  President,  in  rhe  hour  of 
victory,  in  whatever  terms  of  amnesty  he, 
with  his  constitutional  advisers,  may  think 
it  best  to  oiier  to  those  who  have  been  in 
arms  against  the  Government:  except  that 
we  will  not  be  willing  to  sanction  any  terms 
of  peace  which  will  admit  of  the  perpetua- 
tion of  slavery  in  any  part  of  the  Eepublic. 

Pending  which,  Mr.  Strong  moved  to 
amend  the  last  resolurion  by  adding  the 
following:  •  -  or  the  free  pardon  of  the  prin- 
cipal leaders  who  insrigated  this  wicked 
rebellion.  * ' 

On  motion  of  Mr.  Drake,  the  question  on 
the  resolutions  was  divided :  and,  on  motion, 
the  first  resolution  was  adopted. 


250 


Mr.  Drake  moved  to  lay  the  second  reso- 
lution on  the  table,  and  on  this  motion 
demanded  the  ayes  and  noes;  and  the  vote 
being'  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bedford,  Bonhani, 
Budd,  Childress,  Dodson,  Drake,  Ellis, 
Esther,  Evans,  Folmsbee,  Foster,  Fulker- 
son,  Gilbert  of  Lawrence,  Henderson,  Hol- 
eomb,  Home,  Leonard,  McKernan,  Mc- 
Pherson,  Meyer,  Peck,  Smith  of  Mercer, 
Strong-,  Sutton,  Swearingen,  Thilenius, 
Weatherby,  Williams  of  Caldwell,  Williams 
of  Scotland,  and  Mr.  President— 31 . 

Noes— Messrs.  D'Oench,  Fletcher,  Gil- 
strap,  Green,  Holds  worth,  King,  Linton, 
Rohrer,  St.  Gem,  and  Switzler — 10. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte.  Hughes,  Morton,  Newgent  and  Nix- 
dorf— 5 . 

Absent  without  Leave — Messrs.  Adams, 
Bunce,  Bush,  Clover,  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Filley,  Gamble,  Gram- 
mer,  Holland,  Husmann,  Mack,  Martin, 
Owens,  and  Rankin — 15. 

Sick — Messrs.  Cowden,  Mitchell,  and 
Smith  of  "Worth— 3. 

So  the  second  resolution  was  laid  on  the 
table . 

Mr.  Drake  offered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  ten  thousand  ballots  be 
printed  for  the  soldiers'  vote  on  the  Con- 
stitution and  Ordinance  to  be  voted  on ,  and 
that  the  same  be  delivered  to  the  Governor, 
to  be  sent  by  the  messengers  dispatched  by 
Mm  to  obtain  the  soldiers'  vote. 

Mr.  Folmsbee  offered  the  following  reso- 
lution: 

Resolved,  That  the  Vice  President  of  this 
Convention  be  appointed  to  superintend  the 
printing  of  the  journal  and  debates  of  this 
Convention,  and  other  printing  required  to 
be  done,  after  adjournment;  and  that  he  shall 
be  entitled  to  the  pay  of  a  member  of  this 
body  for  each  day  in  which  he  shall  be 
engaged  thereon. 

Mr.  Green  moved  that  Mr.  Clover  be  also 
added;  which  motion  was  disagreed  to. 

Mr  Barr  offered  the  following  amend- 
ment, which  was  adopted: 

Add,  after  the  word  ''Convention,"  the 
words  '  'and  the  distribution  of  the  same. ' ' 

The  resolution,  as  thus  amended,  was 
adopted . 

Mr.  Drake  offered  the  following  resolu- 
tion: 

Resolved,  That  when  a  member  has  been 
cont  inuously  absent  without  leave,  for  a  time 
exceeding  two  days  next  preceding  the  final 
adjournment  of  the  Convention,  the  Com- 
mittee on  Accounts  shall  not  allow  or  pay 
him  any  per  diem  for  the  time  he  was  sb 


absent,  unless  his  absence  was  occasioned  by 
his  sickness,  and  the  fact  of  such  sickness 
reported  to  the  Convention  and  noted  on  its 
journal,  in  the  calling  of  the  ayes  and  noes; 
and  the  Secretary  of  "the  Convention  is  re- 
quired to  make  out  and  deliver  to  the  chair- 
man of  the  Committee  on  Accounts  a  list  of 
all  members  so  absent  without  leave,  with  a 
statement  of  the  date  of  such  absence;  and 
that  said  committee  be  required  to  pay 
immediately  those  members  present  on  this 
day . 

Mr.  Weatherby  moved  to  lay  the  resolu- 
tion on  the  table,  and  on  this  motion  Mr. 
Drake  demanded  the  ayes  and  noes ;  and  the 
vote  being  taken,  stood  as  follows: 

Ayes — Messrs.  Bedford,  Fletcher,  Folms- 
bee, Gilstrap,  Green,  Holcomb,  Hume, 
Leonard,  McKernan,  Meyer,  Rohrer,  St. 
Gem.  Smith  of  Mercer,  Strong,  Swearingen, 
Thilenius,  Weatherby,  Williams  of  Caldwell, 
and  Williams  of  Scotland — 19. 

Noes  —  Messrs.  Barr,  Bonham,  Budd, 
Childress,  D'Oench,  Drake.  Esther,  Evans, 
Fnlkerson,  Gilbert  of  Lawrence,  Henderson, 
Holds  worth,  Kino-,  Linton,  McPherson, 
Peck,  Sutton,  Switzler,  and  Mr.  President 
—19. 

Absent  with  Leave — Messrs.  Gilbert  of 
Platte,  Hughes,  Morton,  Newgent,  and 
Nixdorf— 5. 

Absent  without  Leave — Messrs .  Adams, 
Bunce,  Bush,  Clover,  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Dodson,  Ellis,  Filley, 
Foster,  Gamble,  Grammer,  Holland,  Hus- 
mann, Mack,  Martin,  Owens,  Rankin,  and 
Smith  of  Worth— 19. 

Sick — Messrs.  Cowclen  and  Mitchell — 2. 

So  the  resolution  was  not  laid  on  the  table. 

The  question  then  being  on  the  passage  of 
the  resolution  of  Mr.  Drake,  he  demanded 
the  ayes  and  noes  thereon;  and  the  vote 
being  taken,  stood  as  follows: 

Ayes — Messrs.  Barr,  Bonham,  Budd, 
Childress,  D'Oench,  Drake,  Evans,  Fnlker- 
son, Gilbert  of  Lawrence,  Henderson,  Holds- 
worth,  Linton,  Peck,  Switzler,  and  Williams 
of  Scotland — 15. 

Noes— Messrs.  Bedford,  Esther,  Fletcher, 
Folmsbee,  Foster,  Gilstrap,  Green,  Hol- 
comb, Hume.  King,  Leonard,  McKernan, 
McPherson,  Meyer,  Rohrer,  St.  Gem,  Smith 
of  Mercer,  Strong,  Sutton,  Swearingen, 
Thilenius,  Weatherby,  Williams  of  Caldwell, 
and  Mr.  President — 21. 

Absent  with  Leave — Messrs.  Gilbert  ot 
Platte,  Hughes,  Morton,  Newgent,  and 
Nixdorf— 5. 

Absent  without  Leave — Messrs .  Adams , 
Bunce,  Bush,  Clover,  Davis  of  New  Madrid, 
Davis  of  Nodaway,  Dodson,  Ellis,  Filley, 
Gamble,  Grammer,  Holland,  Husmann, 
Mack,  Martin,  Owens,  Rankin,  and  Smith 
of  Worth— 18. 

Sick — Messrs.  Cowden  and  Mitchell— 2, 

So  the  resolution  was  rejected. 


251 


Air.  Drake  offered  the  following  resolu- 
c»ii .  which  was  adopted : 

liesolved,  That  the  Secretary  be  authorized 
»  retain  the  journal  clerk  for  two  weeks 
ter  the  adjournment  of  the  Convention,  at 
te  same  rate  of  compensation  heretofore 
lowed  said  clerk,  to  be  paid  by  the  Com- 
ittee  on  Accounts . 

Air.  Steoxg  offered  the  following-  resolu- 
on.  which  was  adopted: 

Besolvec K  That  the  thanks  of  this  Conven- 
011  are  due.  and  are  hereby  tendered,  to 


|  the  loyal  clergymen  of  St.  Louis,  for  their 
attendance  and'  services  as  chaplains  of  this 
body. 

.Mr.  Drake  ottered  the  following  resolu- 
tion, which  was  adopted: 

Resolved,  That  the  Secretary  of  this  Con- 
vention be  continued  in  office  after  the 
adjournment  of  the  Convention,  until  he  shall 
have  completed  the  business  thereof,  in  his 
department,  but  without  any  per- diem  pay 
after  this  day. 

On  motion  of  jlr.  Drake,  the  Convention 
I  adjourned  shie  die. 


APPENDIX  TO  JOURNAL. 


APPENDIX, 


CONTAINING  THE  CONSTITUTION  ADOPTED  BY  THE  CONVENTION  OF  1S65,  THE 
PROCLAMATIONS  OF  THE  RATIFICATION  THEEEOF  BY  THE  PEOPLE, 
AND  THE  ORDINANCES  ADOPTED  BY  THE  CONVENTION. 


CONSTITUTION 

OF  THE  STATE  OF  MISSOURI,  AS  REVISED,  AMENDED,  AND  ADOPTED  IN  CONVENTION, 
BEGUN  AND  HELD  AT  THE  CITY  OF  ST,  LOUIS,  ON  THE  SIXTH  DAY  OF 
JANUARY,  EIGHTEEN  HUNDRED  AND  SIXTY-FIVE. 


We,  the  people  of  the  State  of  Missouri,  grateful  to  Almighty  God,  the  Sovereign  Ruler 
of  nations,  for  our  State  government,  our  liberties,  and  our  connection  with  the  American 
Union,  and  acknowledging  our  dependence  upon  Him  for  the  continuance  of  those 
blessings  to  us  and  our  posterity,  do,  for  the  more  certain  security  thereof,  and  for 
the  better  government  of  this  State,  ordain  and  establish  this  revised  and  amended 
Constitution: 

ARTICLE  I. 

DECLARATION  OF  RIGHTS. 

That  the  general,  great,  and  essential  principles  of  liberty  and  free  government  may 
be  recognized  and  established,  and  that  the  relations  of  this  State  to  the  Union  and 
Government  of  the  United  States,  and  those  of  the  people  of  this  State  to  the  rest  of  the 
American  people,  may  be  defined  and  affirmed,  we  do  declare: 

1.  That  we  hold  it  to  be  self-evident,  that  all  men  are  endowed  by  their  Creator  with 
certain  inalienable  rights,  among  which  are  life,  liberty,  the  enjoyment  of  the  fruits  of 
their  own  labor,  and  the  pursuit  of  happiness: 

2.  That  there  can  not  be,  in  this  State,  either  slavery  or  involuntary  servitude,  except 
in  punishment  of  crime,  whereof  the  party  shall  have  been  duly  convicted: 

3.  That  no  person  can.  on  account  of  color,  be  disqualified  as  a  witness;  or  be  disabled 
to  contract,  otherwise  than  as  others  are  disabled;  or  be  prevented  from  acquiring, 
holding,  and  transmitting  property;  or  be  liable  to  any  other  punishment,  for  any 
offense",  than  that  imposed" upon  others  for  a  like  offense;  or  be  restricted  in  the  exercise 
of  religious  worship;  or  be  hindered  in  acquiring  education;  or  be  subjected,  in  law,  to 


256 


any  other  restraints  or  disqualifications,  in  regard  to  any  personal  rights,  than  such  as  | 
are  laid  upon  others  under  like  circumstances: 

4.  That  all  political  power  is  vested  in  and  derived  from  the  people;  that  alt 
government  of  right  originates  from  the  people,  is  founded  upon  their  will. only,  auc  j 
is  instituted  solely  for  the  good  of  the  whole: 

5.  That  the  people  of  this  State  have  the  inherent,  sole,  and  exclusive  right  ol 
regulating  the  internal  government  and  police  thereof,  and  of  altering  and  abolishing1 
their  Constitution  and  form  of  government,  whenever  it  may  be  necessary  to  their  safety] 
and  happiness;  but  every  such  right  should  be  exercised  in  pursuance  of  law,  and 
consistently  with  the  Constitution  of  the  United  States: 

6.  That  this  State  shall  ever  remain  a  member  of  the  American  Union;  that  the  people 
thereof  are  a  part  of  the  American  Nation;  and  that  all  attempts,  from  whatever  source  or 
upon  whatever  pretext,  to  dissolve  said  Union,  or  to  sever  said  Nation,  ought  to  be  resisted 
with  the  whole  power  of  the  State : 

7 .  That  every  citizen  of  this  State  owes  paramount  allegiance  to  the  Constitution  and 
Government  of  the  United  States;  and  that  no  law  or  ordinance  of  this  State,  in  contraven- 
tion or  subversion  thereof,  can  have  any  binding  force: 

8.  That  the  people  have  the  right  peaceably  to  assemble  for  their  common  good,  and  to 
apply  to  those  vested  with  the  powers  of  government  for  redress  of  grievances,  by  petition! 
or  remonstrance;  and  that  their  right  to  bear  arms  in  defense  of  themselves,  and  of  the' 
lawful  authority  of  the  State,  can  not  be  questioned: 

9.  That  all  men  have  a  natural  and  indefeasible  right  to  worship  Almighty  God  accord- 
ing to  the  dictates  of  their  own  consciences;  that  no  person  can,  on  account  of  his  religious 
opinions,  be  rendered  ineligible  to  any  office  of  trust  or  profit  under  this  State,  nor  be  dis- 
qualified from  testifying,  or  from  serving  as  a  juror;  that  no  human  authority  can  control 
or  interfere  with  the  rights  of  conscience;  and  that  no  person  ought,  by  any  law,  to  be 
molested  in  his  person  or  estate  on  account  of  his  religious  persuasion  or  profession;  but 
the  liberty  of  conscience  hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness,  nor  to  justify  practices  inconsistent  with  the  good  order,  peace,  or  safety  of 
the  State,  or  with  the  rights  of  others: 

10.  That  no  person  can  be  compelled  to  erect,  support,  or  attend  any  place  of  worship, 
or  to  maintain  any  minister  of  the  Gospel  or  teacher  of  religion;  but  whatever  contracts 
any  person  may  enter  into  for  any  such  object  ought,  in  law,  to  be  binding  and  capable  of 
enforcement,  as  other  contracts: 

11.  That  no  preference  can  ever  be  given,  by  law,  to  any  church,  sect,  or  mode  of 
worship: 

12.  That  no  religious  corporation  can  be  established  in  this  State;  except  that,  by  a  gen- 
eral law,  uniform  throughout  the  State,  any  church,  or  religious  society,  or  congregation, 
may  become  a  body  corporate,  for  the  sole  purpose  of  acquiring,  holding,  using,  and 
disposing  of  so  much  land  as  may  be  required  for  a  house  of  public  worship,  a  chapel,  a 
parsonage,  and  a  burial  ground;  and  managing  the  same,  and  contracting  in  relation  to 
such  land,  and  the  buildings  thereon,  through  a  board  of  trustees,  selected  by  themselves; 
but  the  quantity  of  land  to  be  held  by  any  such  body  corporate,  in  connection  with  a 
house  of  worship  or  a  parsonage,  shall  not  exceed  five  acres  in  the  country,  or  one  acre  in 
a  town  or  city : 

13.  That  every  gift,  sale,  or  devise  of  land  to  any  minister,  public  teacher,  or  preacher 
of  the  Gospel,  as  such,  or  to  any  religious  sect,  order,  or  denomination;  or  to  or  for  the 
support,  use,  or  benefit  of,  or  in  trust  for,  any  minister,  public  teacher,  or  preacher  of 
the  Gospel,  as  such,  or  any  religious  sect,  order,  or  denomination;  and  every  gift  or  sale 
of  goods  or  chattels  to  go  in  succession,  or  to  take  place  after  the  death  of  the  seller  or; 
donor,  to  or  for  such  support,  use,  or  benefit;  and  also  every  devise  of  goods  or  chattels, 
to  or  for  the  support,  use,  or  benefit  of  any  minister,  public  teacher,  or  preacher  of  the 
Gospel,  as  such,  or  any  religious  sect,  order,  or  denomination,  shall  be  void;  except 
always  any  gift,  sale,  or  devise  of  land  to  a  church,  religious  society  or  congregation,  or  to 
any  person  or  persons  in  trust,  for  the  use  of  a  church,  religious  society  or  congregation, 


257 


whether  incorporated  or  not,  for  the  uses  and  purposes,  and  within  the  limitations,  of  the 
next  preceding  clause  of  this  article: 

14.  That  all  elections  ought  to  be  free  and  open : 

15.  That  courts  of  justice  ought  to  be  open  to  every  person,  and  certain  remedy  afforded 
for  every  injury  to  person,  property,  or  character:  and  that  right  and  justice  ouo-ht  to  be 
administered  without  sale,  denial,  or  delay: 

i  16.  That  no  private  property  ought  to  be  taken  or  applied  to  public  use,  without  just 
compensation : 

17.  That  the  right  of  trial  by  jury  shall  remain  inviolate : 
I  18.  That  in  all  criminal  prosecutions  the  accused  has  the  right  to  be  heard  bv  himself 

md  his  counsel :  to  demand  the  nature  and  cause  of  accusation  ;  to  have  compulsory 
[process  for  witnesses  in  his  favor:  to  meet  the  witnesses  against  him  face  to  face:  and  in 
((prosecutions  on  presentment  or  indictment,  to  a  speedy  trial  by  an  impartial  jury  of  the 
ftricinage:  that  the  accused  cannot  be  compelled  to  give  evidence  against  himself,  nor  be 
deprived  of  life,  liberty,  or  property,  but  by  the  judgment  of  his  peers,  or  the  law  of  the 

and : 

^  19.  That  no  person,  after  having  been  once  acquitted  by  a  jury.  can.  for  the  same 
>ffeiise.  In.-  again  put  in  jeopardy  of  life  or  liberty:  but  if.  in  any  criminal  prosecution,  the 
fury  be  divided  in  opinion,  the  court  before  which  the  trial  shall  be  had.  may.  in  its 
Discretion,  discharge  the  jury,  and  commit  or  bail  the  accused  for  trial  at  the  next  term  of 
[-.aid  court : 

I  20.  That  all  persons  shall  be  bailable  by  sufficient  sureties,  except  for  capital  offenses, 
vhen  the  proof  is  evident  or  the  presumption  great: 

I  21.  That  excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel  and 
[musual  punishments  inflicted: 

22.  That  the  privilege  of  the  writ  of  habeas  corpus  can  not  be  suspended,  unless  when,  in 
[•ases  of  rebellion  or  invasion,  the  public  safety  may  require  it: 

i  23.  That  the  people  ought  to  be  secure  in  their  persons,  papers,  houses  and  effects, 
[roin  unreasonable  searches  and  seizures;  and  no  warrant  to  search  any  place,  or  seize  any 
ferson  or  thing,  can  issue,  without  describing  the  place  to  be  searched,  or  the  person  or 
jhing  to  be  seized,  as  nearly  as  may  be:  nor  without  probable  cause,  supported  by  oath  or 
pftrmation : 

[  21.  That  no  person  can,  for  any  indictable  offense,  be  proceeded  against,  criminally  by 
Information,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in 
lictual  service  in  the  time  of  war  or  public  danger,  or,  by  ^ave  of  court,  for  oppression  or 
pisdemeanor  in  office: 

25.  That  treason  against  the  State  can  consist  only  in  levying  war  against  it.  or  in 
lidhering  to  its  enemies,  giving  them  aid  and  comfort: 

:'  26.  That  no  person  can  be  attainted  of  treason  or  felony  by  the  General  Assembly:  that 
no  conviction  can  work  corruption  of  blood:  that  there  can  be  no  forfeiture  of  estate  for 
Luy  crime,  except  treason;  and  that  the  estates  of  such  persons  as  may  destroy  their  own 
lyes  shall  descend  or  vest  as  in  cases  of  natural  death: 

27.  That  the  tree  communication  of  thoughts  and  opinions  is  one  of  the  invaluable 
lights  of  man.  and  that  every  person  may  freely  speak,  write,  and  print,  on  any  subject, 
being  responsible  for  the  abuse  of  that  liberty;  that  in  all  prosecutions  for  libel,  the  truth 
'hereof  may  be  given  in  evidence,  and  the  jury  may  determine  the  law  and  the  facts, 
inder  the  direction  of  the  court: 

1  28.  That  no  ex  post  facto  law,  nor  law  impairing  the  obligation  of  contracts,  or 
e^ospective  in  its  operation,  can  be  passed: 

1  29.  That  imprisonment  for  debt  can  not  exist  in  this  State,  except  for  fines  or  penalties 
mposed  for  violation  of  law: 

i  30.  That  all  property  subject  to  taxation  ought,  to  be  taxed  in  proportion  to  its  value: 
31.  That  no  title  of  nobility,  or  hereditary  emolument,  privilege,  or  distinction,  can  be 
•ranted : 

P 


258 


32.  That  the  military  is,  and  in  all  cases  and  at  all  times  ought  to  be,  in  strict  subordi-  j 
nation  to  the  civil  power;  that  no  soldier  can,  in  time  of  peace,  be  quartered  in  an y  house 
without  the  consent  of  the  owner;  nor  in  time  of  war,  but  in  such  manner  as  maybe 
prescribed  bylaw;  nor  can  any  appropriation  tor  the  support  of  an  army  be  made  for  a 
longer  period  than  two  years. 

ARTICLE  II. 

RIGHT  OF  SU FEE  AGE . 

Section  1.  All  elections  by  the  people  shall  be  by  ballot.    No  election  shall  continue 
longer  than  one  day,  except  as  provided  in  the  twenty-first  section  of  this  Article. 

Sec.  2.  General  Elections  shall  beheld  biennially,  on  the  Tuesday  next  after  the  first  I 
Monday  in  November.  The  first  general  election  under  this  Constitution  shall  be  held  on 
that  day,  in  the  year  one  thousand  eight  hundred  and  sixty-six.  Should  Congress  direct 
the  appointment  of  electors  of  President  and  Vice  President  of  the  United  States  on  any  I 
other  day  than  that  now  established,  the  General  Assembly  may  change  the  time  of 
holding  general  elections,  so  as  to  provide  for  holding  them  on  the  day  which  maybe 
designated  by  Congress  for  that  purpose,  and  on  the  corresponding  day  two  years  there- 
after. No  special  election,  State,  county,  or  municipal,  shall  be  appointed  to  be  held  on 
a  Monday. 

Sec.  3.  At  any  election  held  by  the  people  under  this  Constitution,  or  in  pursuance  of 
any  law  of  this  State,  or  under  any  ordinance  or  by-law  of  any  municipal  corporation,  no 
person  shall  be  deemed  a  qualified  voter,  who  has  ever  been  in  armed  hostility  to  the  United 
States,  or  to  the  lawful  authorities  thereof,  or  to  the  Government  of  this  State;  or  has  | 
ever  given  aid,  comfort,  countenance,  or  support  to  persons  engaged  in  an y  such  hostility  ;  i 
or  has  ever,  in  any  manner,  adhered  to  the  enemies,  foreign  or  domestic,  of  the  United  I 
States,  either  by  contributing  to  them,  or  by  unlawfully  sending  within  their  lines,  i 
money,  goods,  letters,  or  information;  or  has  ever  disloyally  held  communication  with  i 
such  enemies;  or  has  ever  advised  or  aided  any  person  to  enter  the  service  of  such  enemies; 
or  has  ever,  by  act  or  word,  manifested  his  adherence  to  the  cause  of  such  enemies,  or  his 
desire  for  their  triumph  over  the  arms  of  the  United  States,  or  his  sympathy  with  those 
engaged  in  exciting  or  carrying  on  rebellion  against  the  United  States;  or  has  ever,  except 
under  overpowering  compulsion,  submitted  to  the  authority,  or  been  in  the  service,  of  the 
so-called  '"Confederate  States  of  America;"  or  has  left  this  State,  and  gone  within  the  i 
lines  of  the  armies  of  the  so-called  '  'Confederate  States  of  America,"  with  the  purpose  of  r 
adhering  to  said  States  or  armies;  or  has  ever  been  a  member  of,  or  connected  with,  any  r 
order,  society,  or  organization,  inimical  to  the  Government  of  the  United  States,  or  to  the  ti 
Government  of  this  State ;  or  has  ever  been  engaged  in  guerrilla  warfare  against  loyal  inhab-  p 
itants  of  the  United  States,  or  in  that  description  of  marauding  commonly  known  as  "bush-  1 
whacking;"  or  has  ever  knowingly  and  willingly  harbored,  aided,  or  countenanced,  any  $ 
person  so  engaged ;  or  has  ever  come  into  or  left  this  State  for  the  purpose  of  avoiding 
enrollment  for  or  draft  into  the  military  service  of  the  United  States;  or  has  ever,  with  a  $ 
view  to  avoid  enrollment  in  the  militia  of  this  State,  or  to  escape  the  performance  of  duty  h 
therein,  or  for  any  other  purpose,  enrolled  himself,  or  authorized  himself  to  be  enrolled, 
by  or  before  any  officer,  as  disloyal,  or  as  a  Southern  sympathizer,  or  in  any  other  terms  ; 
indicating  his  disaffection  to  the  Government  of  the  United  States  in  its  contest  with  \  f, 
rebellion,  or  his  sympathy  with  those  engaged  in  such  rebellion;  or,  having  ever  voted  at  \ 
any  election  by  the  people  in  this  State,  or  in  any  other  of  the  United  States,  or  in  any 
of  their  Territories,  or  held  office  in  this  State,  or  in  any  other  of  the  United  States,  or  in 
any  of  their  Territories,  or  under  the  United  States,  shall  thereafter  have  sought  or|| 
received,  under  claim  of  alienage,  the  protection  of  any  foreign  government,  through  1 1 
any  consul  or  other  officer  thereof,  in  order  to  secure  exemption  from  military  duty  in 
the  militia  of  this  State,  or  in  the  army  of  the  United  States;  nor  shall  any  such  person 
be  capable  of  holding,  in  this  State,  any  office  of  honor,  trust,  or  profit,  under  its 
authority;  or  of  being  an  officer,  councilman,  director,  trustee,  or  other  manager  ol 


259 


any  corporation,  public  or  private,  now  existing  or  hereafter  established  by  its  authority; 
or  of  acting  as  a  professor  or  teacher  in  any  educational  institution,  or  in  any  common 
Or  other  school:  or  of  holding  any  real  estate,  or  other  property,  in  trust  for  the  use 
of  any  church,  religious  society,  or  congregation.  But  the  foregoing  provisions  in 
relation  to  acts  done  against  the  United  States  shall  not  apply  to  any  person  not  a  citizen 
thereof,  who  shall  have  committed  such  acts  while  in  the  service  of  some  foreign  country 
at  war  with  the  United  States,  and  who  has.  since  such  acts,  been  naturalized,  or 
may  hereafter  be  naturalized,  under  the  laws  of  the  United  States:  and  the  oath  of 
loyalty  hereinafter  prescribed,  when  taken  by  such  person,  shall  be  considered  as  taken 
in  such  sense. 

Sec.  4.  The  G-eneral  Assembly  shall  immediately  provide  by  law  for  a  complete  and 
uniform  registration,  by  election  districts,  of  the  names  of  qualified  voters  in  this  State : 
which  registration  shall  be  evidence  of  the  qualification  of  all  registered  voters  to  vote  at 
any  election  thereafter  held:  but  no  person  shall  be  excluded  from  voting  at  any  election, 
on  account  of  not  being  registered,  until  the  G-eneral  Assembly  shall  have  passed  an  act  of 
registration,  and  the  same  shall  have  been  carried  into  effect:  after  which  no  person 
shall  vote  unless  his  name  shall  have  been  registered  at  least  ten  days  before  the  day  of 
the  election:  and  the  fact  of  such  registration  shall  be  not  otherwise  shown  than  by  the 
register,  or  an  authentic  copy  thereof,  certified  to  the  judges  of  election  by  the  register- 
ing othVer  or  officer-,  or  other  constituted  authority.  A  new  registration  shall  be  made 
within  sixty  days  next  preceding  the  tenth  clay  prior  to  every  biennial  general  election: 
and  after  it  shall  have  been  made,  no  person  shall  establish,  his  right  to  vote  by  the  fact 
of  his  name  appearing  on  any  previous  register. 

Sec.  5.  Until  such  a  system  of  registration  shall  have  been  established,  every  person 
shall,  at  the  time  of  offering  to  vote,  and  before  his  vote  shall  be  received,  take  an  oath  in 
the  terms  prescribed  in  the  next  succeeding  section.  After  such  a  system  shall  have  been 
established,  the  said  oath  shall  be  taken  and  subscribed  by  the  voter  at  each  time  of  his 
registration.  Any  person  declining  to  take  said  oath  shall  not  be  allowed  to  vote,  or  to  be 
registered  as  a  qualified  voter.  The  taking  thereof  shall  not  be  deemed  conclusive  evi- 
dence of  the  right  of  the  person  to  vote,  or  to  be  registered  as  a  voter:  but  such  right  may, 
notwithstanding,  be  disproved.  And.  after  a  system  of  registration  shall  have  been 
established,  all  evidence  for  and  against  the  right  of  any  person  as  a  qualified  voter  shall 
be  heard  and  passed  upon  by  the  registering  officer  or  officers,  and  not  by  the  judges  of 
election.  The  registering  officer  or  officers  shall  keep  a  register  of  the  names  of  persons 
rejected  as  voters,  and  the  same  shall  be  certified  to  the  judges  of  election:  and  they  shall 
receive  the  ballot  of  any  such  rejected  voter  offering  to  vote,  marking  the  same,  and  cer- 
tifying the  vote  thereby  given  as  rejected:  but  no  such  vote  shall  be  received  unless  the 
party  offering  it  take,  at  the  time,  the  oath  of  loyalty  hereinafter  prescribed. 

Sec.  6.  The  oath  to  be  taken  as  aforesaid  shall  be  known  as  the  Oath  of  Loyalty,  and 
shall  be  in  the  following  terms: 

•T.  A .  B . .  do  solemnly  swear,  that  lam  well  acquainted  with  the  terms  of  the  third 
section  of  the  second  Article  of  the  Constitution  of  the  State  of  Missouri,  adopted  in  the 
year  eighteen  hundred  and  sixty-five,  and  have  carefully  considered  the  same;  that  I  have 
never,  directly  or  indirectly,  done  any  of  the  acts  in  said  section  specified:  that  I  have 
always  been  truly  and  loyally  on  the  side  of  the  Uuited  States  against  all  enemies  thereof, 
foreign  and  domestic:  that  I  will  bear  true  faith  and  allegiance  to  the  United  State.-,  and 
will  support  the  Constitution  and  laws  thereof,  as  the  supreme  law  of  the  land,  any  law 
or  ordinance  of  any  State  to  the  contrary  notwithstanding;  that  I  will,  to  the  best  of  us- 
ability, protect  and  defend  the  Union  of  the  United  States,  and  not  allow  the  same  to  be 
broken  up  and  dissolved,  or  the  Government  thereof  to  be  destroyed  or  overthrown,  under 
any  circumstances,  if  in  my  power  to  prevent  it:  that  I  will  support  the  Constitution  of 
the  State  of  Missouri:  and  that  I  make  this  oath  without  any  mental  reservation  or 
evasion,  and  hold  it  to  be  binding  on  me.;; 

Sec.  7.  Within  sixty  days  after  this  Constitution  takes  effect,  every  person  in  this  State 
holding  any  office  of  honor,  trust,  or  profit  under  the  Constitution  or  laws  thereof,  or 


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under  any  municipal  corporation,  or  any  of  the  other  offices,  positions,  or  trusts 
mentioned  in  the  third  section  of  this  Article,  shall  take  and  subscribe  the  said  oath.  If 
any  officer  or  person  referred  to  in  this  section  shall  fail  to  comply  with  the  requirements 
thereof,  his  office,  position,  or  trust,  shall,  ipso  facto,  become  vacant,  and  the  vacancy 
shall  be  filled  according  to  the  law  governing  the  case. 

Sec.  8.  No  vote  in  any  election  by  the  people  shall  be  cast  up  for,  nor  shall  any 
certificate  of  election  be  granted  to,  any  person  who  shall  not,  within  fifteen  days  next 
preceding  such  election,  have  taken,  subscribed,  and  filed  said  oath. 

Sec.  9.  No  person  shall  assume  the  duties  of  any  State,  county,  city,  town,  or  other 
office,  to  which  he  may  be  appointed,  otherwise  than  by  a  vote  of  the  people;  nor  shall 
any  person,  after  the  expiration  of  sixty  days  after  this  Constitution  takes  effect,  be 
permitted  to  practise  as  an  attorney  or  counselor  at  law;  nor,  after  that  time,  shall  any 
person  be  competent  as  a  bishop,  priest,  deacon,  minister,  elder,  or  other  clergyman  of 
any  religious  persuasion,  sect,  or  denomination,  to  teach,  or  preach,  or  solemnize 
marriages,  unless  such  person  shall  have  first  taken,  subscribed,  and  filed  said  oath. 

Sec.  10.  Oaths  taken  in  pursuance  of  the  seventh,  eighth,  and  ninth  sections  of  this 
Article  shall  be  filed,  as  follows:  By  a  State  civil  officer,  or  a  candidate  for  a  State  civil 
office,  and  by  members  and  officers  of  the  present  General  Assembly,  in  the  office  of  the 
Secretary  of  State;  by  a  military  officer,  in  the  office  of  the  Adjutant  General;  by  a 
candidate  for  either  house  of  the  General  Assemblj*,  in  the  clerk's  office  of  the  County 
Court  of  the  county  of  his  residence,  or  in  that  of  the  county  Avhere  the  vote  of  the  district 
is  required  by  law  to  be  cast  up,  -and  the  certificate  of  election  granted;  by  a  city  or  town 
officer,  in  the  office  where  the  archives  of  such  city  or  town  are  kept  ;  and  in  all  other  cases. 
In  the  office  of  the  clerk  of  the  County  Court  of  the  county  of  the  person's  residence. 

Sec.  11.  Every  court  in  which  any  person  shall  be  summoned  to  serve  as  a  grand  or 
petit  juror,  shall  require  him,  before  he  is  sworn  as  a  juror,  to  take  said  oath  in  open 
court;  and  no  person  refusing  to  take  the  same  shall  serve  as  a  juror. 

Sec.  12.  If  any  person  shall  declare  that  he  has  conscientious  scruples  against  taking  an 
oath,  or  swearing  in  any  form,  the  said  oath  may  be  changed  into  a  solemn  affirmation, 
and  be  made  by  him  in  that  form. 

Sec.  13.  In  addition  to  the  oath  of  loyalty  aforesaid,  even'  person  who  may  be  elected 
or  appointed  to  any  office  shall,  before  entering  upon  its  duties,  take  and  subscribe  an 
oath  or  affirmation  that  he  will,  to  the  best  of  his  skill  and  ability,  diligently  and  faith- 
fully, without  partiality  or  prejudice,  discharge  the  duties  of  such  office  according  to  the 
Constitution  and  laws  of  this  State. 

Sec.  14.  Whoever  shall,  after  the  times  limited  in  the  seventh  and  ninth  sections  of  this 
Article,  hold  or  exercise  any  of  the  offices,  positions,  trusts,  professions,  or  functions 
therein  specified,  without  having  taken,  subscribed,  and  filed  said  oath  of  loyalty,  shall, 
on  conviction  thereof,  be  punished  by  fine  not  less  than  five  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  six  months,  or  by  both  such  fine  and 
imprisonment;  and  whoever  shall  take  said  oath  falsely,  by  swearing  or  by  affirmation, 
shall,  on  conviction  thereof,  be  adjudged  guilty  of  perjury,  and  be  punished  by  imprison- 
ment in  the  penitentiary  not  less  than  two  years. 

Sec.  15.  Whoever  shall  be  convicted  of  having,  directly  or  indirectly,  given  or  offered 
any  bribe  to  procure  his  election  or  appointment  to  any  office,  shall  be  disqualified  for 
any  office  of  honor,  trust,  or  profit,  under  this  State;  and  whoever  shall  give  or  offer  any 
bribe  to  procure  the  election  or  appointment  of  any  other  person  to  any  office,  shall,  on 
conviction  thereof,  be  disqualified  for  a  voter,  or  any  office  of  honor,  trust  or  profit  under 
this  State,  for  ten  years  after  such  conviction. 

Sec.  16.  No  officer,  soldier,  or  marine,  in  the  regular  army  or  navy  ot  the  United 
States,  shall  be  entitled  to  vote  at  any  election  in  this  State. 

Sec.  17.  No  person  who  shall  make,  or  become,  directly  or  indirectly,  interested  in, 
any  bet  or  wager  depending  upon  the  result  of  any  election,  shall  vote  at  such  election. 

Sec.  18.  Every  white  male  citizen  of  the  United  States,  and  every  white  male  person  of 
foreign  birth  who  may  have  declared  his  intention  to  become  a  citizen  of  the  United  States, 


261 


according  to  law,  not  less  than  one  year  nor  more  than  five  years  before  he  offers  to  vote, 
who  is  over  the  age  of  twenty-one  years,  who  is  not  disqualified  by  or  under  any  of  the 
provisions  of  this  Constitution,  and  who  shall  have  complied  with  its  requirements,  and 
have  resided  in  this  State  one  year  next  preceding  any  election,  or  next  preceding  his 
If  registration  as  a  voter,  and  during  the  last  sixty  days  of  that  period  shall  have  resided  in 
;   the  county,  city,  or  town  where  he  offers  to  vote,  or  seeks  registration  as  a  voter,  shall  be 
V  entitled  to  vote  at  such  election  for  all  officers,  State,  county,  or  municipal,  made  elective 
|j  by  the  people ;  but  he  shall  not  vote  elsewhere  than  in  the  election  district  of  which  he  is  at 
1  the  time  a  resident,  or,  after  a  system  of  registration  of  votes  shall  have  been  established, 
in  the  election  district  where  his  name  is  registered:  except  as  provided  in  the  twenty-first 
section  of  this  Article. 
Sec.  19.  After  the  first  day  of  January,  one  thousand  eight  hundred  and  seventy-six. 
I  every  person  who  was  not  a  qualified  voter  prior  to  that  time,  shall,  in  addition  to  the 
I  other  qualifications  required,  be  able  to  read  and  write,  in  order  to  become  a  qualified 
voter;  unless  his  inability  to  read  or  write  shall  be  the  result  of  a  physical  disability. 

Sec.  20.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have  gained  or  lost  a 
residence  by  reason  of  his  presence  or  absence  while  employed  in  the  service  of  the 
United  States,  nor  while  engaged  in  the  navigation  of  the  waters  of  this  State,  or  of  the 
United  States,  or  of  the  high  seas;  nor  while  a  student  in  any  seminary  of  learning;  nor 
while  kept  at  an}'  poorhouse  or  other  asylum  at  public  expense;  nor  while  confined  in 
•.  any  public  prison. 

Sec.  21.  Any  qualified  voter,  under  the  eighteenth  section  of  this  Article,  who  may  be 
absent  from  the  place  of  his  residence  by  reason  of  being  in  the  volunteer  army  of  the 
United  States,  or  in  the  militia  force  of  this  State,  in  the  service  thereof,  or  of  the  United 
States,  whether  within  or  without  the  State,  shall,  without  registration,  be  entitled  to  vote 
in  any  election  occurring  during  such  absence.  The  votes  of  all  such  persons,  wherever 
they  may  be,  may  be  taken  on  the  day  fixed  by  law  for  such  election,  or  on  any  day  or  days 
within  twenty  days  next  prior  thereto;  and  the  General  Assembly  shall  provide,  by  law, 
for  the  taking,  return,  and  counting  of  such  votes.  Every  such  person  shall  take  the  same 
oath  that  all  other  voters  may  be  required  to  take,  in  order  to  vote. 

Sec.  22.  Voters  shall,  in  all  cases  except  treason,  felony,  or  breach  of  the  peace,  be 
privileged  from  arrest  during  their  continuance  at  elections,  and  in  going  to  and  returning 
from  i he  same. 

Sec.  23.  Any  person  who  may.  at  any  time,  have  done  any  act  which,  under  the  third 
section  of  this  Article,  has  disqualified  or  may  disqualify  him  as  therein  expressed,  and 
who  shall,  after  the  commission  of  such  act,  have  voluntarily  entered  the  military  service 
of  the  United  States,  and  have  been  honorably  discharged  therefrom,  and.  after  such 
discharge,  have  demeaned  himself  in  all  respects  as  a  loyal  and  faithful  citizen,  maybe 
relieved  from  such  disqualification.    In  order  thereto,  he  shall,  in  person,  present  his 
petition  to  the  Circuit  Court  of  the  county  of  his  residence,  stating  specifically  the  act  or 
acts  which  produced  such  disqualification,  and  the  grounds  upon  which  he  prays  to  be 
(relieved  therefrom;  and  the  court  shall  set  a  day  for  hearing  the  cause,  not  less  than  five 
days  after  the  presentation  of  the  petition:  when,  if  it  appear  by  competent  proof  that  the 
1  petitioner  is  justly  entitled  to  the  relief  prayed  for,  the  court  shall  make  a  decree  removing 
r  such  disqualification.    But  any  act  done  by  such  person  after  the  date  of  such  decree, 
r!  which  would  impose  a  disqualification  under  said  third  section  of  this  Article,  shall  make 
n  such  decree  null  and  void,  and  remit  him  to  his  previous  condition  of  disqualification;  and 
i  I no  such  decree  shall  be  granted. a  second  time  in  his  favor. 

Sec.  24.  After  any  person  shall  have  been  so  relieved  by  the  decree  of  a  Circuit  Court, 
he  shall,  in  order  to  vote,  or  hold  any  of  the  offices,  positions,  or  trusts,  or  exercise  any 
i of  the  privileges  or  functions  hereinbefore  specified,  take  the  oath  of  loyalty  aforesaid, 
except  the  part  thereof  which  refers  to  the  third  section  of  this  Article  a.ud  to  the  past  acts 
or  loyalty  of  the  person  taking  the  oath. 

Sec.  25.  After  the  first  day  of  January,  one  thousand  eight  hundred  and  seventy-one, 
and  until  the  date  hereinafter  named,  the  General  Assembly  shall  have  power,  if  a  majority 


262 


of  all  the  members  elected  to  both  houses  concur  therein,  to  suspend  or  repeal  any  part  of 
the  third,  fifth,  and  sixth  sections  of  this  Article,  so  far  as  the  same  relate  to  the 
qualifications  of  voters,  but  no  farther.  After  the  first  day  of  January,  one  thousand 
eight  hundred  and  seventy-five,  the  General  Assembly  may  wholly  suspend  or  repeal  the 
third,  fourth,  fifth,  sixth,  eighth,  ninth,  tenth,  eleventh  and  twelfth  sections  of  this 
Article,  or  any  part  thereof,  if  a  like  majority  of  both  houses  concur  therein.  -But  no 
such  suspension  or  repeal  shall  have  the  effect  of  dispensing  with  the  taking,  by  every 
person  elected  or  appointed  to  any  office  in  this  State,  of  so  much  of  the  oath  of  loyalty 
aforesaid  as  follows  the  word  "domestic."  On  the  passage  of  any  bill  suspending  or 
repealing  any  of  said  sections,  or  any  part  thereof,  the  votes  of  both  houses  shall  be  taken 
by  yeas  and  nays,  and  entered  on  the  journals  of  the  houses,  respectively.  The  General 
Assembly  shall  also  have  power,  at  anytime,  to  remove  any  such  suspension  or  repeal, 
and  reinstate  the  provisions  suspended  or  repealed  in  full  force  and  effect  as  a  part  of  this 
Constitution.  Every  suspension  or  repeal  made  in  pursuance  of  this  section  shall  be 
general  in  its  terms,  and  not  in  any  case  in  favor  of  any  named  person;  but  the  General 
Assembly  may  except  from  the  benefit  of  such  suspension  or  repeal  any  person,  or  class  of 
persons,  it  may  see  fit. 

Sec.  26.  The  General  Assembly  shall  provide  for  the  exclusion  from  ever}'  office  of 
honor,  trust,  or  profit  within  this  State,  and  from  the  right  of  suffrage,  of  an}r  person 
convicted  of  bribery,  perjury,  or  other  infamous  crime. 

ARTICLE  III. 

DISTRIBUTION  OF  POWERS. 

The  powers  of  government  shall  be  divided  into  three  distinct  departments,  each  of 
which  shall  be  confided  to  a  separate  magistracy;  and  no  person  charged  with  the  exercise 
of  powers  properly  belonging  to  one  of  those  departments  shall  exercise  any  power 
properly  belonging  to  either  of  the  others,  except  in  the  instances  hereinafter  expressly 
directed  or  permitted. 

ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

Section  1.  The  legislative  power  shall  be  vested  in  a  General  Assembly,  which  shall 
consist  of  a  Senate  and  a  House  of  Representatives. 

Sec.  2.  The  House  of  Representaties  shall  consist  of  members  to  be  chosen,  every 
second  year,  by  the  qualified  voters  of  the  several  counties,  and  apportioned  in  the  follow- 
ing manner:  The  ratio  of  representation  shall  be  ascertained  at  each  apportioning  session 
of  the  General  Assembly,  by  dividing  the  whole  number  of  permanent  inhabitants  of  the 
State  by  the  number  two  hundred.  Each  county  having  one  ratio,  or  less,  shall  be 
entitled  to  one  Representative ;  each  county  having  three  times  said  ratio  shall  be  entitled 
to  two  Representatives ;  each  county  having  six  times  said  ratio  shall  be  entitled  to  three 
Representatives;  and  so  on  above  that  number,  giving  one  additional  member  for  every 
three  additional  ratios.  When  any  county  shall  be  entitled  to  more  than  one  Repre- 
sentative, the  Count}r  Court  shall  cause  such  county  to  be  subdivided  into  as  many  com- 
pact and  convenient  districts  as  such  county  may  be  entitled  to  Representatives;  which 
districts  shall  be,  as  near  as  may  be,  of  equal  population ;  and  the  qualified  voters  of  each 
of  such  districts  shall  elect  one  Representative,  who  shall  be  a  resident  of  such  district. 

Sec.  3.  No  person  shall  be  a  member  of  the  House  of  Representatives  who  shall  not 
have  attained  the  age  of  twenty-four  years;  who  shall  not  be  a  white  male  citizen  of  the 
United  States;  who  shall  not  have  been  a  qualified  voter  of  this  State  two  years,  and  an 
inhabitant  of  the  county  which  he  may  be  chosen  to  represent  one  year,  next  before  the 
day  of  his  election,  if  such  county  shall  have  been  so  long  established;  but  if  not,  then  of 
the  county  from  which  the  same  shall  have  been  taken;  and  who  shall  not  have  paid  a 
State  and  county  tax. 


Sec.  4.  The  Senate  shall  consist  of  thirty-four  members,  to  be  chosen  by  the  qualified 
voters  for  four  years;  for  the  election  of  whom  the  State  shall  be  divided  into  convenient 
districts. 

Sec.  5.  Xo  person  shall  be  a  Senator  who  shall  not  have  attained  the  age  of  thirty 
years:  who  shall  not  be  a  white  male  citizen  of  the  United  States;  who  shall  not  have  been 
a  qualified  voter  of  this  State  three  years,  and  an  inhabitant  of  the  district  which  he  may 
be  chosen  to  represent  one  year,  next  before  the  day  of  his  election,  if  such  district  shall 
have  been  so  long  established;  but  if  not.  then  of  the  district  or  districts  from  which  the 
same  shall  have  been  taken:  and  who  shall  not  have  paid  a  State  and  county  tax.  "When 
any  county  shall  be  entitled  to  more  than  one  Senator,  the  County  Court  shall  cause  such 
county  to  be  subdivided  into  as  many  compact  and  convenient  districts  as  such  county  may 
be  entitled  to  Senators:  which  districts  shall  be,  as  near  as  may  be,  of  equal  population; 
and  the  qualified  voters  of  each  of  such  districts  shall  elect  one  Senator,  who  shall  be  a 
resident  of  such  district. 

Sec.  6.  Senators  shall  be  apportioned  among  their  respective  districts,  as  nearly  as  may 
hf.  according  to  the  number  of  permanent  inhabitants  in  each. 

Sec.  7.  Senators  and  Representatives  shall  be  chosen  according  to  the  rule  of  appor- 
tionment established  in  this  Constitution,  until  the  next  decennial  census  taken  by  the 
I  United  States  shall  have  been  made,  and  the  result  thereof  as  to  this  State  ascertained, 
»  when  the  apportionment  shall  be  revised  and  adjusted  on  the  basis  of  that  census.  In  the 
I  year  one  thousand  eight  hundred  and  seventy-six.  and  every  tenth  year  thereafter,  there 
i  shall  be  taken,  under  the  authority  of  this  State,  a  census  of  the  inhabitants  thereof;  and 
I  after  every  such  census  the  apportionment  of  Senators  and  Representatives  may  be  based 
I  thereon,  until  the  next  succeeding  Xational  census:  after  which  it  may  be  based  upon  the 
I  National  census  until  the  next  succeeding  decennial  State  census:  and  so  on.  from  time  to 
■  time,  the  enumerations  made  by  the  United  States  and  this  State  shall  be  used,  as  they 
I  respectively  occur,  as  the  basis  of  apportionment. 

Sec.  8.  Senatorial  and  Representative  districts  may  be  altered,  from  time  to  time,  as 
I  public  convenience  may  require.  When  any  Senatorial  district  shall  be  composed  of  two 
lor  more  counties  they  shall  be  contiguous. 

Sec.  9.  The  first  election  of  Senators  and  Representatives  under  this  Constitution  shall 
[be  held  at  the  general  election  in  the  year  one  thousand  eight  hundred  and  sixty-six.  when 
the  whole  number  of  Senators  and  Representatives  shall  be  chosen. 

Sec.  10.  At  the  regular  session  of  the  General  Assembly  chosen  at  said  election,  the 
Senators  shall  be  divided  into  two  equal  classes.  Those  elected  from  districts  bearing  odd 
numbers  shall  compose  the  first  class,  and  those  elected  from  districts  bearing  even 
numbers  shall  compose  the  second  class.  The  seats  of  the  first  class  shall  be  vacated  at 
the  end  of  the  second  year  after  the  day  of  said  election .  and  those  of  the  second  class  at 
the  end  of  the  fourth  year  after  that  day;  so  that  one-half  of  the  Senators  shall  be  chosen 
every  second  year.  In  districting  any  county  for  the  election  of  Senators,  the  districts 
shall  be  numbered  so  as  to  effectuate  the  division  of  Senators  into  classes,  as  required  in 
this  section. 

Sec.  11.  Xo  member  of  Congress,  or  person  holding  any  lucrative  office  under  the 
United  States  or  this  State  (inilitia  officers,  justices  of  the  peace,  and  notaries  public 
excepted),  shall  be  eligible  to  either  house  of  the  General  Assembly,  or  shall  remain  a 
member  thereof  after  having  accepted  any  such  office,  or  a  seat  in  either  house  of 
i  Congress. 

Sec.  12.  Xo  person  who  now  is,  or  may  hereafter  be,  a  collector  or  holder  of  public 
money,  or  assistant  or  deputy  of  such  collector  or  holder  of  public  money,  shall  be 
eligible  to  either  house  of  the  General  Assembly  until  he  shall  have  accounted  for  and 
paid  all  sums  for  which  he  may  be  accountable.  ■ 

Sec.  13.  If  any  Senator  or  Representative  remove  his  residence  from  the  district  or 
county  for  which  he  was  elected,  his  office  shall  thereby  be  vacated. 

Sec.  14.  The  Governor  shall  issue  writs  of  election  to  fill  such  vacancies  as  may  occur 
in  either  house  of  the  General  Assembly. 


264 


Sec.  15.  No  Senator  or  Representative  shall,  during  the  term  for  which  he  shall  have  j 
been  elected,  be  appointed  to  any  civil  office  under  this  State  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been  increased,  during  his  continuance  in 
office  as  a  Senator  or  Representative,  except  to  such  offices  as  shall  be  tilled  by  elections  of 
the  people. 

Sec.  16.  Senators  and  Representatives  shall,  in  all  cases  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  the  session  of  the  General  Assembly, 
and  for  fifteen  days  next  before  the  commencement  and  after  the  termination  of  each! 
session;  and  for  any  speech  or  debate  in  either  house  they  shall  not  be  questioned  in  any 
other  place. 

Sec.  17.  The  members  of  the  General  Assembly  shall  severally  receive  from  the  public 
Treasury  such  compensation  for  their  services  as  may,  from  time  to  time,  be  provided  by 
law;  but  no  law  increasing  such  compensation  shall  take  effect  in  favor  of  the  members  of 
the  General  Assembly  by  which  the  same  shall  have  been  passed. 

Sec.  18.  A  majority  of  the  whole  number  of  members  of  each  house  shall  constitute  a 
quorum  to  do  business;  but  a  smaller  number  may  adjourn  from  day  to  day,  and  may 
compel  the  attendance  of  absent  members,  in  such  manner  and  under  such  penalties  as 
each  house  may  provide. 

Sec.  19.  Each  house  shall  appoint  its  own  officers;  shall  judge  of  the  qualifications,  ! 
elections,  and  returns  of  its  own  members;  may  determine  the  rules  of  its  proceedings ;  i 
may  arrest  and  punish,  by  fine  not  exceeding  three  hundred  dollars,  or  by  imprisonment 
in  a  county  jail  not  exceeding  ten  days,  or  both,  any  person  not  a  member  who  shall  be;  j 
guilty  of  disrespect  to  the  house,  by  any  disorderly  or  contemptuous  behavior  in  its  pres- 
ence, during  its  session;  may  punish  its  members  for  disorderly  behavior;  and,  with  the  j 
concurrence  of  two-thirds  of  all  the  members  elected,  may  expel  a  member;  but  no  mem-  r 
ber  shall  be  expelled  a  second  time  for  the  same  cause.  •  t] 

Sec;  20.  Each  house  shall,  from  time  to  time,  publish  a  journal  of  its  proceedings, 
\, except  such  parts  thereof  as  may,  in  its  opinion,  require  secrecy;  and  the  yeas  and  nays  i 
on  any  question  shall  be  taken,  and  entered  on  the  journal,  at  the  desire  of  any  two  mem-  e, 
bers.    Whenever  the  yeas  and  nays  are  demanded,  the  whole  list  of  members  shall  be  G 
called,  and  the  names  of  absentees  shall  be  noted,  and  published  with  the  journal. 

Sec.  21.  The  sessions  ot  each  house  shall  be  held  with  open  doors,  except  in  cases  . 
which  may  require  secrecy. 

Sec.  22.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for  more  than  re 
two  days  at  any  one  time,  nor  to  u.ny  other  place  than  that  in  which  the  two  houses  may  jj( 
be  sitting. 

Sec.  23.  Bills  may  originate  in  either  house,  and  may  be  altered,  amended,  or  rejected  sj, 
by  the  other;  and  every  bill  shall  be  read  on  three  different  days  in  each  house,  unless  ^ 
two-thirds  of  the  house,  where  the  same  is  pending,  shall  dispense  with  this  rule;  and  (v 
every  bill,  having  passed  both  houses,  shall  be  signed  by  the  Speaker  of  the  House  of  | 
Representatives,  and  by  the  President  of  the  Senate. 

Sec.  24.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority  of  all  the  members 
elected  to  each  branch  of  the  General  Assembly,  and  the  question  upon  the  final  passage 
shall  be  taken  immediately  upon  the  last  reading;  and  the  yeas  and  nays  shall  be  taken 
thereon  and  entered  upon  the  journal. 

Sec.  25.  No  act  shall  be  revived  or  re-enacted  by  mere  reference  to  the  title  thereof;  nor  | 
shall  any  act  be  amended  by  providing  that  designated  words  thereof  shall  be  struck  out, 
or  that  designated  words  shall  be  struck  out  and  others  inserted  in  lieu  thereof;  but  in  [, 
every  such  case  the  act  revived  or  re-enacted,  or  the  act  or  part  of  act  amended,  shall  be 
set  forth  and  published  at  length,  as  if  it  were  an  original  act  or  provision. 

Sec  26.  The  style  of  the  law^s  of  this  State  shall  be — ''Be  it  enacted  by  the  General]  p 
Assembly  of  the  State  of  Missouri,  as  follows. ' ' 

Sec.  27.  The  General  Assembly  shall  not  pass  special  laws  divorcing  any  named 
parties ;  or  declaring  any  named  person  of  age;  or  authorizing  any  named  minor  to  sell, 3  : 
lease,  or  encumber  his  or  her  property;  or  providing  for  the  sale  of  the  real  estate  of  any 


265 


named  minor  or  other  person,  laboring  under  legal  disability,  by  any  executor,  admin- 
istrator, guardian,  trustee,  or  other  person;  or  changing  the  name  of  any  person;  or 
establishing,  locating,  altering  the  course,  or  affecting  the  construction  of  roads,  or  the 
building  or  repairing  of  bridges;  or  establishing,  altering,  or  vacating  any  street,  avenue, 
or  alley  in  any  city  or  town;  or  extending  the  time  for  the  assessment  or  collection  of 
J  taxes,  or  otherwise  relieving  any  assessor  or  collector  of  taxes  from  the  due  performance  of 
his  official  duties;  or  giving  effect  to  informal  or  invalid  wills  or  deeds;  or  legalizing, 
except  as  against  the  State,  the  unauthorized  or  invalid  acts  of  any  officer;  or  granting  to 
i  any  individual  or  company  the  right  to  lay  down  railroad  tracks  in  the  streets  of  any  city 
;  or  town;  or  exempting  any  propeiTy  of  any  named  person  or  corporation  from  taxation. 
The  General  Assembly  shall  pass  no  special  law  for  any  case  for  which  provision  can  be 
made  by  a  general  law:  but  shall  pass  general  laws  providing,  so  far  as  it  may  deem  neces- 
sary,  for  the  cases  enumerated  in  this  section,  and  for  all  other  eases  where  a  general  law 
can  be  made  applicable. 

Sec.  28.  The  General  Assembly  shall  never  authorize  any  lottery :  nor  shall  the  sale  of 
lottery  tickets  be  allowed ;  nor  shall  any  lottery  heretofore  authorized  be  permitted  to  be 
drawn,  or  tickets  therein  to  be  sold. 

Sec.  29.  The  General  Assembly  shall  have  no  power  to  make  compensation  for  emanci- 
pated slaves. 

Sec.  30.  The  General  Assembly  shall  have  no  power  to  remove  the  county  seat  of  any 
county,  unless  two-thirds  of  the  qualified  voters  ot  the  county,  at  a  general  election,  shall 
vote  in  favor  of  such  removal.  No  compensation  or  indemnity  for  real  estate,  or  the 
improvements  thereon,  affected  by  such  removal,  shall  be  allowed. 

Sec.  31.  The  General  Assembly  shall  have  no  power  to  establish  any  new  county  with  a 
territory  of  less  than  five  hundred  square  miles,  or  with  a  population  less  than  the  ratio  of 
representation  existing  at  the  time;  nor  to  reduce  any  county  now  established  to  less  than 
that  area,  or  to  less  population  than  such  ratio. 

Sec.  32.  Xo  law  enacted  by  the  General  Assembly  shall  relate  to  more  than  one  sub- 
ject, and  that  shall  be  expressed  in  the  title;  but  if  any  subject  embraced  in  an  act  be  not 
expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof  as  is  not  so 
expressed. 

Sec.  33.  The  General  Assembly  shall  direct,  by  law,  in  what  manner,  and  in  what 
courts,  suits  may  be  brought  against  the  State. 

Sec.  34.  When  any  officer,  civil  or  military,  shall  be  appointed  by  the  joint  or  concur- 
rent vote  of  both  houses,  or  by  the  separate  vote  of  either  house,  the  votes  shall  be  pub- 
licly given  viva  voce,  and  entered  on  the  journals. 

Sec.  35.  The  General  Assembly,  elected  in  the  year  one  thousand  eight  hundred  and 
sixty-six,  shall  meet  on  the  first  Wednesday  of  January,  one  thousand  eight  hundred  and 
sixty-seven;  and  thereafter  the  General  Assembly  shall  meet,  in  regular  session,  once  in 
every  two  years:  and  such  meeting  shall  be  on  the  first  Wednesday  of  January,  unless  a 
different  day  be  fixed  by  law. 

ARTICLE  \  . 
executive  department . 

Section  1.  The  supreme  executive  power  shall  be  vested  in  a  chief  magistrate,  who 
shall  be  styled  ' '  The  Governor  of  the  State  of  Missouri. ' ' 

Sec.  2.  The  Governor  shall  be  at  least  thirty-live  years  old,  a  white  male  citizen  of  the 
United  States  ten  years,  and  a  resident  of  this  State  seven  years,  next  before  his  election. 

Sec.  3.  The  Governor  elected  at  the  general  election  in  the  year  one  thousand  eight 
hundred  and  sixty-eight,  and  each  Governor  thereafter  elected,  shall  hold  his  office  two 
years,  and  until  a  successor  be  duly  elected  and  qualified.  At  the  time  and  place  of  voting 
for  members  of  the  House  of  Representatives,  the  qualified  voters  shall  vote  for  a  Gov- 
ernor; and  when  two  or  more  persons  have  an  equal  number  of  votes,  and  a  higher 
number  than  any  other  person,  the  election  shall  be  decided  between  them  by  a  joint  vote 
of  both  houses  of  the  General  Assembly,  at  their  next  session. 


266 


Sec.  4.  The  Governor  shall  not  be  eligible  to  office  more  than  four  years  in  six. 

Sec.  5.  The  Governor  shall  be  commander-in-chief  of  the  militia  of  this  State,  except 
when  they  shall  be  called  into  the  service  of  the  United  States;  but  he  need  notf command 
in  person,  unless  advised  to  do  so  by  a  resolution  of  the  General  Assembly. 

Sec.  6.  The  Governor  shall  have  the  power  to  grant  reprieves,  commutations,  and 
pardons,  after  conviction,  for  all  offenses  except  treason  and  cases  of  impeachment,  upon 
such  conditions,  and  with  such  restrictions  and  limitations,  as  he  may  think  proper,  sub- 
ject to  such  regulations  as  may  be  provided  by  law  relative  to  the  manner  of  applying  for 
pardons.  He  shall,  at  each  session  of  the  General  Assembly,  communicate  to  that  body 
each  case  of  reprieve,  commutation,  or  pardon  granted,  stating  the  name  of  the  convict, 
the  crime  of  which  he  was  convicted,  the  sentence  and  its  elate,  the  date  of  the  commuta- 
tion, pardon,  or  reprieve,  and  the  reasons  for  granting  the  same.  He  shall  take  care  that 
the  laws  be  distributed  and  faithfully  executed ;  and  shall  be  a  conservator  of  the  peace 
throughout  the  State. 

Sec.  7.  The  Governor  shall,  from  time  to  time,  give  to  the  General  Assembly  informa- 
tion relative  to  the  state  of  the  Government,  and  shall  recommend  to  their  consideration 
such  measures  as  he  shall  deem  necessary  and  expedient.  On  extraordinary  occasions  he 
may  convene  the  General  Assembly  by  proclamation,  wherein  he  shall  state  specifically 
each  matter  concerning  which  the  action  of  that  body  is  deemed  necessary;  and  the  General 
Assembly  shall  have  no  power,  when  so  convened,  to  act  upon  any  matter  not  so  stated  in 
the  proclamation. 

Sec.  8.  When  any  office  shall  become  vacant,  the  Governor,  unless  otherwise  provided 
bylaw,  shall  appoint  a  person  to  fill  such  vacancy,  who  shall  continue  in  office  until  a 
successor  shall  be  duly  elected  or  appointed,  and  qualified,  according  to  law. 

Sec.  9.  Every  bill  which  shall  have  been  passed  by  both  houses  of  the  General  Assem- 
bly, before  it  becomes  a  law  shall  be  presented  to  the  Governor  for  his  approbation.  If  he 
approve,  he  shall  sign  it;  if  not,  he  shall  return  it,  with  his  objections,  to  the  house  in 
which  it  shall  have  originated;  and  the  house  shall  cause  the  objections  to  be  entered  at 
large  on  its  journals,  and  shall  proceed  to  reconsider  the  bill.  After  such  reconsideration, 
if  a  majority  of  all  the  members  elected  to  that  house  shall  agree  to  pass  the  same,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which  it  shall,  in  like  man- 
ner, be  reconsidered;  and  if  approved  by  a  majority  of  all  the  members  elected  to 
that  house,  it  shall  become  a  law.  In  all  such  cases  the  votes  of  both  houses  shall  be 
taken  by  yeas  and  nays,  and  the  names  of  the  members  voting  for  and  against  the  bill 
shall  be  entered  on  the  journals  of  each  house,  respectively.  If  any  bill  shall  not  be 
returned  by  the  Governor  within  ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  become  a  law,  in  like  manner  as  if  the  Governor  had  signed 
it,  unless  the  General  Assembly,  by  its  adjournment,  shall  prevent  its  return;  in  which 
case  it  shall  not  become  a  law,  unless  the  Governor,  after  such  adjournment,  and  within 
ten  days  after  the  bill  was  presented  to  him  (Sundays  excepted),  shall  sign  and  deposit 
the  same  in  the  office  of  the  Secretary  of  State;  in  which  case  it  shall  become  a  law,  in 
like  manner  as  if  it  had  been  signed  by  him  during  the  session  of  the  General  Assembly. 

Sec.  10.  Every  resolution  to  which  the  concurrence  of  the  Senate  and  House  of  Rep- 
resentatives may  be  necessary,  except  on  questions  of  adjournment,  of  going  into  joint 
session,  and  of  amending  this  Constitution,  shall  be  presented  to  the  Governor;  and, 
before  the  same  shall  take  effect,  shall  be  proceeded  upon  in  the  same  manner  as  in  the 
case  of  a  bill. 

Sec.  11.  The  Governor  shall,  at  stated  times,  receive  for  his  services  an  adequate 
salary,  to  be  fixed  by  law;  which  shall  neither  be  increased  nor  diminished  during  his  con- 
tinuance in  office . 

Sec.  12.  There  shall  be  a  Lieutenant  Governor,  who  shall  be  elected  at  the  same  time, 
in  the  same  manner,  for  the  same  term,  and  shall  possess  the  same  qualifications,  as  the 
Governor . 

Sec.  13.  The  Lieutenant  Governor,  by  virtue  of  his  office,  shall  be  President  of  the 
Senate.    In  Committee  of  the  Whole,  he  may  debate  on  all  questions;  and,  when  there  is 


267 


an  equal  division,  shall  give  the  casting-  vote  in  the  Senate,  and  also  in  joint  vote  of 
both  houses. 

Sec.  14.  When  the  office  of  Governor  shall  become  vacant,  by  death,  resignation, 
removal  from  the  State,  removal  from  office,  refusal  to  qualify,  or  otherwise,  the  Lieu- 

ijjtenaut  Governor  shall  perform  the  duties,  possess  the  powers,  and  receive  the  compensa- 
tion of  the  Governor,  during  the  remainder  of  the  term  for  which  the  Governor  was 

■  elected.    When  the  Governor  is  absent  from  the  State,  or  is  unable,  from  sickness,  to 

:  perform  his  duties,  oris  under  impeachment,  the  Lieutenant  Governor  shall  perform  said 

imuties,  possess  said  powers,  and  receive  said  compensation,  until  the  Governor  return  to 
the  Stare,  be  enabled  to  resume  his  duties,  or  be  acquitted.    If  there  be  no  Lieutenant 

afcovernor,  or  if  lie  be  absent  from  the  State,  disabled  by  sickness,  or  under  impeachment, 
the  President  of  the  Senate  pro  tempore,  or,  in  case  of  like  absence  or  disability  on  his 

:■:  part,  or  of  there  being  no  President  of  the  Senate  pro  tempore,  the  Speaker  of  the  House  of 
'Representatives,  shall  assume  the  office  of  Governor,  in  the  same  manner,  and  with  the 

•  ?ame  powers  and  compensation,  as  are  prescribed  in  the  case  of  the  office  devolving  on  the 

i  Lieutenant  Governor. 

Sec.  15.  The  Lieutenant  Governor,  or  the  President  of  the  Senate  pro  tempore,  while 

^presiding  in  the  Senate,  shall  receive  the  same  compensation  as  shall  be  allowed  to  the 

I  Speaker  of  the  House  of  Representatives. 

n  Sec  16.  There  shall  be  a  Secretary  of  State,  a  State  Auditor,  a  State  Treasurer,  and  an 
Attorney  General,  who  shall  be  elected  by  the  qualified  voters  of  the  State,  at  the  same 
i  rime,  in  the  same  manner,  and  for  the  same  term  of  office,  as  the  Governor.  No  person 
i  shall  be  eligible  to  either  of  said  offices,  unless  he  lie  a  white  male  citizen  of  the  United 
states,  and  at  least  twenty -five  years  old.  and  shall  have  resided  in  this  State  five  years 
.  lext  before  his  election.  The  Secretary  of  State,  the  State  Auditor,  the  State  Treasurer, 
,  md  the  Attorney  General,  shall  keep  their  respective  office-  at  the  seat  of  Government, 
a  md  shall  perform  such  duties  as  may  be  required  of  them  by  law. 

I    Sec.  17.  The  returns  of  all  elections  of  Governor.  Lieutenant  Governor,  and  other 
;tar.-  office,  shall  b-  mad-  to  the  Secretary  of  State,  in  such  manner  as  may  be  pre- 
j  ?cribed  by  law. 

.  Sec  IS.  Contested  elections  of  Governor  and  Lieutenant  Governor  shall  be  decided 
3  3y  joint  vote  of  both  houses  of  the  General  Assembly,  in  such  manner  as  may  be  pre- 
3  scribed  by  law. 

j  Sec  19.  Contested  elections  of  Secretary  of  State.  State  Auditor.  State  Treasurer,  and 
.  Attorney  General,  shall  be  decided  before  such  tribunal,  and  in  such  manner,  as  may  be 
_  by  law  provided . 

I  Sec  20.  The  Secretary  of  State  shall  be  the  custodian  of  the  seal  of  State,  and  shall 
i  authenticate  therewith  all  official  acts  nf  the  Governor,  his  approbation  of  laws  excepted. 
[  The  said  seal  shall  be  call  the  4 1  Great  Seal  of  the  State  of  Missouri;' '  and  the  emblems  and 
:  devices  thereof,  heretofore  prescribed  by  law.  shall  not  be  subject  to  change. 

Sec.  21 .  The  Secretary  of  State  shall  keep  a  register  of  the  official  acts  of  the  Governor, 
and.  when  necessary,  shall  attest  them:  and  shall  lay  copies  of  the  same,  together  with 
copies  of  all  papers  relating  thereto,  before  either  house  of  the  General  Assembly,  when- 
ever required  to  do  so. 

Sec  22.  There  shall  be  elected,  by  the  qualified  voters  in  each  county,  at  the  time  and 
places  of  electing  Representatives,  a  sheriff  and  a  coroner.  They  shall  serve  for  two 
years,  and  until  a  successor  be  duly  elected  and  qualified,  unless  sooner  removed  for  mal- 
feasance in  office,  and  shall  be  ineligible  four  years  in  any  period  of  eight  years.  Before 
entering  on  the  duties  of  their  office  they  shall  give  security  in  such  amount,  and  in  such 
manner,  as  shall  be  prescribed  by  law.  Whenever  a  county  shairbe  hereafter  established, 
the  Governor  shall  appoint  a  sheriff  and  a  coroner  therein,  who  shall  continue  in  office 
until  the  next  succeeding  general  election,  and  until  a  successor  shall  be  duly  elected 
and  qualified. 

j  Sec  23.  Whenever  a  vacancy  shall  happen  in  the  office  of  sheriff  or  coroner,  the  same 
.•shall  be  filled  by  the  County  Court.    If  such  vacancy  happen  in  the  office  of  sheriff  more 


268 


than  nine  month?  prior  to  the  time  of  holding  a  general  efection,  such  County  Court  shal 
immediately  order  a  special  election  to  fill  the  same;  and  the  person  by  it  appointed  shal 
hold  office  until  the  person  chosen  at  such  election  shall  be  duly  qualified;  otherwise  tin 
person  appointed  by  such  County  Court  shall  hold  office  until  the  person  chosen  at  sucl 
general  election  shall  be  duly  qualified.  If  any  vacancy  happen  in  the  office  of  coroner 
the  same  shall  be  filled,  for  the  remainder  of  the  term,  by  such  County  Court.  No  persoi 
elected  or  appointed  to  fill  a  vacancy  in  either  of  said  offices  shall  thereby  be  rendered 
ineligible  for  the  next  succeeding  term . 

Sec.  24.  In  all  elections  for  sheriff  and  coroner,  when  two  or  more  persons  have  ai 
equal  number  of  votes,  and  a  higher  than  any  other  person,  the  presiding  judge  of  tin 
County  Court  of  the  county  shall  give  the  easting  vote;  and  all  contested  elections  for  th 
said  offices  shall  be  decided  by  the  Circuit  Court  of  the  proper  county,  in  such  manner  a 
the  General  Assembly  may,  by  law,  prescribe. 

Sec.  25.  The  Governor  shall  commission  all  officers  not  otherwise  provided  by  law 
All  commissions  shall  run  in  the  name  and  by  the  authority  of  the  State  of  Missouri,  b< 
sealed  with  the  State  seal,  signed  by  the  Governor,  and  attested  by  the  Secretary  of  State. 

Sec.  26.  The  appointment  of  all  officers,  not  otherwise  directed  by  this  Constitution, 
shall  be  made  in  such  manner  as  may  be  prescribed  by  law. 

ARTICLE  VI. 

J  UDIC I A  L  D  E  PARTMEN  T . 

Section  1.  The  judicial  power,  as  to  matters  of  law  and  equity,  shall  be  vested  in  ? 
Supreme  Court,  in  District  Courts,  in  Circuit  Courts,  and  in  such  inferior  tribunals  as  flu 
General  Assembly  may,  from  time  to  time,  establish. 

Sec.  2.  The  Supreme  Court,  except  in  cases  otherwise  directed  by  this  Constitution, 
shall  have  appellate  jurisdiction  only,  which  shall  be  coextensive  with  the  State,  under 
the  restrictions  and  limitations  in  this  Constitution  provided. 

Sec.  3.  The  Supreme  Court  shall  have  a  general  superintending  control  over  all  inferior 
courts  of  law.  It  shall  have  power  to  issue  writs  of  habeas  corpus,  ma?idamus,  quo  war- 
ranto, certiorari,  and  other  original  remedial  writs,  and  to  hear  and  determine  the  same. 

Sec.  4.  The  Supreme  Court  shall  consist  of  three  judges,  any  two  of  whom  shall  be  a 
quorum;  and  the  said  judges  shall  be  conservators  of  the  peace  throughout  the  State. 

Sec.  5.  The  State  shall  be  divided  into  convenient  districts,  not  to  exceed  four,  in  each 
of  which  the  Supreme  Court  shall  be  held,  at  such  time  and  place  as  the  General  Assembly 
may  appoint;  and,  when  sitting  in  either  district,  it  shall  exercise  jurisdiction  over  cause.* 
originating  in  that  district  only;  but  the  General  Assembly  may  direct,  by  law,  that  the 
said  court  shall  be  held  at  one  place  only. 

Sec.  6.  The  judges  of  the  Supreme  Court  shall  hold  office  for  the  term  of  six  years, 
and  until  their  successors  shall  be  duly  elected  and  qualified,  except  as  hereinafter  provided. 

Sec.  7.  At  the  general  election  in  the  year  one  thousand  eight  hundred  and  sixty -eight, 
all  the  judges  of  the  Supreme  Court  shall  be  elected  by  the  qualified  voters  of  the  State, 
and  shall  enter  upon  their  office  on  the  first  Monday  of  January  next  ensuing.  At  the 
first  session  of  the  court  thereafter,  the  judges  shall,  by  lot,  determine  the  duration  of 
their  several  terms  of  office,  which  shall  be,  respectively,  two,  four,  and  six  years;  and  shall 
certify  the  result  to  the  Secretary  of  State.  At  the  general  election  every  two  years  after 
said  first  election,  one  judge  of  said  court  shall  be  elected,  to  hold  office  for  the  period  of 
six  years  from  the  first  Monday  of  January  next  ensuing.  The  judge  having  at  any  time 
the  shortest  term  to  serve  shall  be  the  presiding  judge  of  the  court. 

Sec.  8.  If  a  vacancy  shall  happen  in  the  office  of  any  judge  of  the  Supreme  Court,  by 
death,  resignation,*  removal  out  of  the  State,  or  other  disqualification,  the  Governor  shall 
appoint  a  suitable  person  to  fill  the  vacancy  until  the  next  general  election  occurring  more 
than  three  months  after  the  happening  of  such  vacancy,  when  the  same  shall  be  filled  by 
election,  by  the  qualified  voters  of  the  State,  for  the  residue  of  the  term. 

Sec.  9.  In  case  of  a  tie,  or  a  contested  election  between  the  candidates,  the  same  shall  be| 
determined  in  the  manner  prescribed  by  law. 


269 


;  Sec.  10.  If,  in  regard  to  any  cause  pending  in  the  Supreme  Court,  the  judges  sitting 
shall  he  equ|Jly  divided  in  opinion,  no  judgment  shall  he  entered  therein  hased  on  such 
Ifdivision;  hut  the  parties  to  the  cause  may  agree  upon  some  person,  learned  in  the  law,  who 
shall  act  as  special  judge  in  the  cause,  and  who  shall  therein  sit  with  the  court,  and  give 
(decision,  in  the  same  manner  and  with  the  same  effect  as  one  of  the  judges.  If  the  parties 
can  not  agree  upon  a  special  judge,  the  court  shall  appoint  one. 

f  Sec.  11.    The  judges  of  the  Supreme  Court  shall  give  their  opinion  upon  important 
questions  of  constitutional  law,  and  upon  solemn  occasions,  when  required  by  the  Governor, 
the  Senate,  or  the  House  of  Representatives:  and  all  such  opinions  shall  be  published  in 
; 'connection  with  the  reported  decisions  of  said  court. 

Sec.  12.  The  State,  except  the  county  of  St.  Louis,  shall  he  divided  into  not  less  than 
ijfive  districts,  each  of  which  shall  embrace  at  least  three  judicial  circuits;  and  in  each  district 

_  a  court,  to  he  known  as  the  District  Court,  shall  he  held,  at  such  times  and  places  as  may 
be  provided  by  law.    Each  District  Court  shall  be  held  by  the  judges  of  the  Circuit  Courts 

.Jembraeed  in  the  district,  a  majority  of  whom  shall  be  a  quorum.  The  District  Courts  shall, 
within  their  respective  districts,  have  like  original  jurisdiction  with  the  Supreme  Court, 
'  and  appellate  jurisdiction  from  the  final  judgments  of  the  Circuit  Courts,  and  of  all  inferior 
courts  of  record  within  the  district,  except  Probate  and  County  Courts.  After  the  establish- 
ment of  such  District  Courts,  no  appeal  or  writ  of  error  shall  lie  from  any  Circuit  Court,  or 
inferior  court  of  record,  to  the  Supreme  Court,  but  shall  be  prosecuted  to  the  District  Court, 
from  the  final  judgments  of  which  an  appeal  or  writ  of  error  may  be  taken  to  the  Supreme 
Court,  in  such  cases  as  may  be  provided  by  law. 

J  Sec.  13.  The  Circuit  Court  shall  have  jurisdiction  over  all  criminal  cases  which  shall 
not  be  otherwise  provided  for  by  law:  and  exclusive  original  jurisdiction  in  all  civil  cases 
which  shall  not  be  cognizable  before  justices  of  the  peace,  until  otherwise  directed  by  the 

..'General  Assembly.  It  shall  hold  its  terms  at  such  time  and  place,  in  each  county,  as  may 
be  by  law  directed. 

j,g    Sec.  14.  The  State  shall  be  divided  into  convenient  circuits,  of  which  the  county  of  St. 
..Louis  shall  constitute  one,  for  each  of  which,  except  as  in  the,  next  succeeding  section 
specified,  a  judge  shall  be  elected  by  the  qualified  voters  of  the  respective  circuits,  and. 
,3  except  as  hereinafter  provided,  shall  be  elected  tor  the  term  of  six  years;  but  may  continue 
in  office  until  his  successor  shall  be  elected  and  qualified:  and  the  judge  of  each  circuit . 
after  his  election  or  appointment,  as  hereinafter  provided,  shall  reside  in.  and  be  a 
jr conservator  of  the  peace  within,  the  circuit  for  which  he  shall  be  elected  or  appointed;  and 
.it  any  vacancy  shall  happen  in  the  office  of  any  circuit  judge,  by  death,  resignation, 
removal  out  of  his  circuit,  or  by  any  other  disqualification,  the  Governor  shall,  upon  being 
satisfied  that  a  vacancy  exists,  issue  a  writ  of  election  to  fill  such  vacancy:  provided  that 
;  said  vacancy  shall  happen  at  least  six  months  before  the  next  general  election  for  said 
j  judge;  but  if  such  vacancy  shall  happen  within  six  months  of  the  general  election 
,r  aforesaid,  the  Governor  shall  appoint  a  judge  for  such  circuit;  but  every  election  or 
e  appointment,  to  fill  a  vacancy,  shall  be  for  the  residue  of  the  term  only.    And  the  General 
Assembly  shall  provide,  by  law,  for  the  election  of  said  judges  in  their  respective  circuits: 
and  in  case  of  a  tie,  or  contested  election  between  the  candidates,  the  same  shall  be 
jl  determined  in  the  manner  to  be  prescribed  by  law.    And  the  General  Assemby  shall 
^provide,  bylaw,  for  the  election  of  said  judges,  in  their  respective  circuits,  to  fill  any 
}f  vacancy  which  shall  occur  at  any  time  at  least  six  months  before  a  general  election  for  said 
le  judges.    At  the  general  election  in  the  year  one  thousand  eight  hundred  and  sixty-eight, 
and  at  the  general  election  every  sixth  year  thereafter,  except  as  hereinafter  provided,  all 
the  circuit  judges  shall  be  elected,  and  shall  enter  upon  their  offices  on  the  first  Monday  of 
January  next  ensuing.    No  judicial  circuit  shall  be  altered  or  changed  at  any  session  of 
J  the  General  Assembly  next  preceding  the  general  election  for  said  judges. 

Sec.  15.  From  and  after  the  first  day  of  January,  one  thousand  eight  hundred  and  sixty- 
six,  the  Circuit  Court  of  the  county  of  St.  Louis  shall  be  composed  of  three  judges,  each  of 
,'iWhom  shall  try  causes  separately,  and  all,  or  a  majority  of  whom,  shall  constitute  a  court 
in  bank,  to  decide  questions  of  law,  and  to  correct  errors  occurring  in  trials;  and,  from 


270 


and  after  that  day,  there  shall  not  be  in  said  county  any  other  court  of  record  having  civil  j 
jurisdiction,  except  a  Probate  Court  and  a  County  Court.  The  additional  fudges  of  the  I 
Circuit  Court  of  the  county  of  St.  Louis,  authorized  by  this  section,  shall  be  appointed  by 
the  Governor,  with  the  advice  and  consent  of  the  Senate,  and  shall  hold  their  offices  until 
the  next  general  election  of  judges  of  Circuit  Courts,  when  the  whole  number  of  the  judges 
of  said  court  shall  be  elected.  At  the  first  session  of  said  court,  after  the  judges  thereof  who 
may  be  elected  in  the  year  one  thousand  eight  hundred  and  sixty-eight  shall  have  assumed 
office,  the  said  judges  shall,  by  lot,  determine  the  duration  of  their  several  terms  of  office, 
which  shall  be,  respectively,  two,  four,  and  six  years;  and  shall  certify  the  result  to  the 
Secretary  of  State.  At  the  general  election  every  two  years,  after  the  election  in  that  year, 
one  judge  of  said  court  shall  be  etected ,  to  hold  office  for  the  term  of  six  years  from  the  first 
Monday  of  January  next  ensuing.  The  General  Assembly  shall  have  power  to  increase  the 
number  of  the  judges  of  said  court,  from  time  to  time,  as  the  public  interest  may  require. 
Any  additional  judges  authorized  shall  hold  office  for  the  term  of  six  years,  and  be  elected 
at  a  general  election,  and  enter  on  their  office  upon  the  first  Monday  of  January  next 
ensuing. 

Sec.  16.  The  provisions  contained  in  this  Article,  requiring  an  election  to  be  held  to  fill; 
a  vacancy  in  the  office  of  judges  of  the  Supreme  and  Circuit  Courts,  shall  have  relation  to 
vacancies  occurring  after  the  year  one  thousand  eight  hundred  and  sixty-eight;  up  to  which 
time  any  such  vacancy  shall  be  filled  by  appointment-by  the  Governor. 

Sec.  17.  If  there  be  a  vacancy  in  the  office  of  judge  of  any  circuit,  or  if  he  be  sick,  absent, ! 
or  from  any  cause  unable  to  hold  any  term  of  court  of  any  county  of  his  circuit,  such  term 
of  court  may  be  held  by  a  judge  of  any  other  circuit;  and  at  the  request  of  the  judge  of  any 
circuit,  any  term  of  court  in  his  circuit  may  be  held  by  the  judge  of  any  other  circuit. 

Skc.  18.  No  person  shall  be  elected  or  appointed  a  judge  of  the  Supreme  Court,  nor  of  a  , 
Circuit  Court,  before  he  shall  have  attained  to  the  age  of  thirty  years,  and  have  been  a)  ' 
citizen  of  the  United  States  five  years,  and  a  qualified  voter  of  this  State  three  years. 

Sec.  19.  Any  judge  of  the  Supreme  Court  or  the  Circuit  Court,  may  be  removed  from  j 
office,  on  the  address  of  two-thirds  of  each  house  of  the  General  Assembly  to  the  Gov- 
ernor for  that  purpose;  but  each  house  shall  state,  on  its  respective  journal,  the  cause  for  j 
which  it  shall  wish  the  removal  of  such  judge,  and  give  him  notice  thereof;  and  he  shall 
have  the  right  to  be  heard  in  his  defense,  in  such  manner  as  the  General  Assembly  shall 
by  law  direct;  but  no  judge  shall  be  removed  in  this  manner  for  any  cause  for  which  he 
might  have  been  impeached. 

Sec.  20.  The  judges  of  the  Supreme  Court,  and  the  judges  of  the  Circuit  Courts,  P 
shall,  at  stated  times,  receive  a  compensation  for  their  services,  to  be  fixed  by  law,  which  !  t! 
shall  not  be  diminished  during  the  period  for  which  they  were  elected. 

Sec.  21.  The  Circuit  Court  shall  exercise  a  superintending  control  over  all  such  inferior 
tribunals  as  the  General  Assembly  may  establish,  and  over  justices  of  the  peace  in  each 
county  in  their  respective  circuits. 

Sec.  22.  The  Supreme  Court  and  the  District  Courts  shall  appoint  their  respective  or 
clerks.  Clerks  of  all  other  courts  of  record  shall  be  elected  by  the  qualified  voters  of  the  ai] 
county,  at  a  general  election,  and  shall  hold  office  for  the  term  of  four  years  from  and  , 
after  the  first  Monday  of  January  next  ensuing,  and  until  their  successors  are  duly  elected  ^ 
and  qualified.  The  first  election  of  such  clerks,  after  the  adoption  of  this  Constitution,  |  jK 
shall  be  at  the  general  election  in  the  year  one  thousand  eight  hundred  and  sixty-six;  any  ^ 
existing  law  of  this  State  to  the  contrary  notwithstanding. 

Sec.  23.  Inferior  tribunals,  to  be  known  as  County  Courts,  shall  be  established  in  each  | 
county  for  the  transaction  of  all  county  business.  In  such  courts,  or  in  such  other  gp, 
tribunals  inferior  to  the  Circuit  Courts  as  the  General  Assembly  may  establish,  shall  be!  pti 
vested  the  jurisdiction  of  all  matters  appertaining  to  probate  business,  to  granting  letters'  j 
testamentary  and  of  administration,  to  settling  the  accounts  of  executors,  administrators  tit 
and  guardians,  and  to  the  appointment  of  guardians,  and  such  other  jurisdiction  as  may  j  m 
be  conferred  by  law. 


271 


Sec.  24.  Xo  clerk  of  any  court  established  by  this  Constitution,  or  by  any  law  of  this 
State,  shallmpply  to  his  own  use,  from  the  fees  and  emoluments  of  his  office,  a  greater  sum 
than  two  thousand  five  hundred  dollars  for  each  year  of  his  official  term,  after  paying  out 
of  such  fees  and  emoluments  such  amounts  for  deputies  and  assistants  in  his  office  as  the 
court  may  deem  necessary  and  may  allow  ;  but  all  surplus  of  such  fees  aud  emoluments 
over  that  sum.  after  paying  the  amounts  so  allowed,  shall  be  paid  into  the  county  treasury 

I  for  the  use  of  the  county.    The  General  Assembly  shall  pass  such  laws  as  may  be  necessary 

1  to  carry  into  effect  the  provisions  of  this  section. 

Stec.  25.  In  each  county  there  shall  be  appointed,  or  elected,  as  many  justices  of  the 

1  peace  as  the  public  good  may  be  thought  to  require.    Their  powers  and  duties,  and  their 
duration  in  office,  shall  be  regulated  bylaw. 
Sec.  26.  All  writs  and  process  shall  run.  and  all  prosecutions  shall  be  conducted,  in  the 

I  name  of  the  "State  of  Missouri;"  all  writs  shall  be  tested  by  the  clerk  of  the  court  from 

f  which  they  shall  be  issued;  and  all  indictments  shall  conclude  " ' against  the  peace  and 

I  dignity  of  the  State." 

ARTICLE  VII. 

IMPEACHMENTS. 

Section  1.  The  Governor,  Lieutenant  Governor,  Secretary  of  State,  State  Auditors 
State  Treasurer,  Attorney  General,  and  all  judges  of  the  courts,  shall  be  liable  to  impeach- 
i  ment  for  any  misdemeanor  in  office:  but  judgment  in  such  case  shall  not  extend  farther 
than  removal  from  office,  and  disqualification  to  hold  any  office  of  honor,  trust,  or  profit 
under  this  State. 

Sec.  2.  The  House  of  Representatives  shall  have  the  sole  power  of  impeachment.  All 
impeachments  shall  be  tried  by  the  Senate :  and  when  sitting  for  that  purpose  the  Senators 
shall  be  on  oath  or  affirmation  to  do  justice  according  to  law  and  evidence.    When  the 
Governor  shall  be  tried,  the  presiding  Judge  of  the  Supreme  Court  shall  preside.  Xo 
1  person  shall  be  convicted  without  the  concurrence  of  two-thirds  of  the  Senators  present. 

ARTICLE  VHI. 

BANKS  AND  CORPORATIONS. 

je 

Section  1.  Xo  corporate  body  shall  hereafter  be  created,  renewed,  or  extended,  with  the 
,   privilege  of  making,  issuing,  or  putting  in  circulation  any  notes,  bills,  or  other  paper,  or 
.jj  the  paper  of  any  other  bank,  to  circulate  as  money:  and  the  General  Assembly  shall  pro- 
hibit, bylaw,  individuals  and  corporations  from  issuing  bills,  checks,  tickets,  promissory 
•notes,  or  other  paper,  to  circulate  as  money. 
}J     Sec.  2.  Xo  law  shall  be  passed  reviving  or  re-enacting  any  act  heretofore  passed  creating 
"    any  private  corporation,  where  such  corporation  shall  not  have  been  organized,  and  com- 
menced the  transaction  of  its  business,  within  one  year  from  the  time  such  act  took  effect, 
v{  or  within  such  other  time  as  may  have  been  prescribed  in  such  act  for  such  organization 
|  and  commencement  of  business. 

m  Sec.  3.  The  General  Assembly  shall,  at  its  first  session  after  this  Constitution  goes  into 
4  effect,  enact  laws  enabling  any  of  the  existing  banks  of  issue  to  reo7\ganize  as  national 
■  banks  under  the  act  of  Congress;  and  shall  also  provide  for  the  sale  of  the  stock  owned  by 
iiy  this  State  in  the  Bank  of  the  State  of  Missouri,  upon  such  terms  and  conditions  as  shall  be 
by  law  established. 

h  Sec.  I.  Corporations  may  be  formed  under  general  laws,  but  shall  not  be  created  by 
#  special  acts,  except  for  municipal  purposes.  All  general  laws  and  special  acts  passed 
J  pursuant  to  this  section  may  be  altered,  amended,  or  repealed. 

s      Sec.  5.  Xo  municipal  corporations,  except  cities,  shall  be  created  by  special  act:  and  no 
-(  City  shall  be  incorporated  with  less  than  five  thousand  permanent  inhabitants,  nor 
:1  unless  the  people  thereof,  by  a  direct  vote  upon  the  question,  shall  have  decided  in  favor 
of  such  incorporation. 


272 


Sec.  6.  Dues  from  private  corporations  shall  be  secured  by  such  means  as  may  be  pre- 
scribed by  law;  but  in  all  cases  each  stockholder  shall  be  individually  liable  ,  ov$F.  and  above 
the  stock  by  him  or  her  owned,  and  any  amount  unpaid  thereon,  in  a  farther  l&m  at  least 
equal  in  amount  to  such  stock. 

ARTICLE  IX. 

EDUCATION . 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence  being  essential  to^he 
preservation  of  the  rights  and  liberties  of  the  people,  the  General  Assembly  shall  establish 
and  maintain  free  schools  for  the  gratuitous  instruction  of  all  persons  in  this  State, 
between  the  ages  of  five  and  twenty-one  years. 

Sec.  2.  Separate  schools  may  be  established  for  children  of  African  descent.  All  funds 
provided  for  the  support  of  public  schools  shall  be  appropriated  in  proportion  to  the 
number  of  children,  without  regard  to  color. 

Sec.  3.  The  supervision  of  public  instruction  shall  be  vested  in  a  Board  of  Education, 
whose  powers  and  duties  shall  be  prescribed  by  law.  A  Superintendent  of  Public  Schools, 
who  Shall  be  the  President  of  the  Board,  shall  be  elected  by  the  qualified  voters  of  the 
State.  He  shall  possess  the  qualifications  of  a  State  Senator,  and  hold  his  office  for  the 
term  of  four  years;  and  shall  perform  such  duties,  and  receive  such  compensation,  as  may 
be  prescribed  by  law.  The  Secretary  of  State  and  Attorney  General  shall  be  ex-officio 
members,  and,  with  the  Superintendent,  compose  said  Board  of  Education. 

Sec.  4.  The  General  Assembty  shall  also  establish  and  maintain  a  State  University, 
with  departments  for  instruction  in  teaching,  in  agriculture,  and  in  natural  science,  as 
soon  as  the  public  school  fund  will  permit. 

Sec.  5.  The  proceeds  of  all  lands  that  have  been,  or  hereafter  may  be,  granted  by  the 
United  States  to  this  State,  and  not  otherwise  appropriated  by  this  State  or  the  United 
States;  also,  all  moneys,  stocks,  bonds,  lands,  and  other  property  now  belonging  to  any 
fund  for  purposes  ot  education;  also,  the  net  proceeds  of  all  sales  of  lands  and  other 
property  and  effects  that  may  accrue  to  the  State  by  escheat,  or  from  sales  of  estrays,  or 
from  unclaimed  dividends,  or  distributive  shares  of  the  estates  of  deceased  persons,  or 
from  fines,  penalties,  and  forfeitures;  also,  any  proceeds  of  the  sales  of  the  public  lands 
which  may  have  been,  or  hereafter  may  be,  paid  over  to  this  State  (if  Congress  will  con- 
sent to  such  appropriation);  also,  all  other  grants,  gifts,  or  devises  that  have  been,  or 
hereafter  may  be,  made  to  this  State,  and  not  otherwise  appropriated  by  the  terms  of  the 
grant,  gift,  or  devise;  shall  be  securely  invested  and  sacredly  preserved  as  a  Public  School 
Fund;  the  annual  income  of  which  fund,  together  with  so  much  of  the  ordinary  revenue 
of  the  State  as  may  be  necessary,  shall  be  faithfully  appropriated  for  establishing  and* 
maintaining  the  free  schools  and  the  University  in  this  Article  provided  for,  and  for  no 
other  uses  or  purposes  whatsoever. 

Sec.  6.  No  part  of  the  public  school  fund  shall  ever  be  invested  in  the  stock,  or  bonds, 
or  other  obligations  of  any  State,  or  of  any  county,  city,  town,  or  corporation.  The  stock 
of  the  Bank  of  the  State  of  Missouri  now  held  for  school  purposes,  and  all  other  stocks 
belonging  to  any  school  or  university  fund,  shall  be  sold,  in  such  manner  and  at  such  time 
as  the  General  Assembly  shall  prescribe;  and  the  proceeds  thereof,  and  the  proceeds  of  the 
sales  of  any  lands  or  other  property  which  now  belong,  or  may  hereafter  belong,  to  said 
school  fund,  may  be  invested  in  the  bonds  of  the  United  States.  All  county  school  funds 
shall  be  loaned  upon  good  and  sufficient  unincumbered  real  estate  security,  with  personal 
security  in  addition  thereto. 

Sec.  7.  No  township  or  school  district  shall  receive  any  portion  of  the  public  school  fund, 
unless  a  free  school  shall  have  been  kept  therein  for  not  less  than  three  months  during  the 
year  for  which  distribution  thereof  is  made.  The  General  Assembly  shall  have  power  to 
require,  by  law,  that  every  child,  of  sufficient  mental  and  physical  ability,  shall  attend  the 
public  schools,  during  the  period  between  the  ages  of  five  and  eighteen  years,  for  a  term  j 
equivalent  to  sixteen  months,  unless  educated  by  other  means. 


273 


Sec.  8.  In  case  the  public  school  fund  shall  be  insufficient  to  sustain  a  free  school  at  least 
i  four  months  in  every  year  in  each  school  district  in  this  State,  the  General  Assembly  may 
provide,  by  law,  for  the  raising  of  such  deficiency,  by  levying-  a  tax  on  all  the  taxable 
property  in  each  county,  township,  or  school  district,  as  they  may  deem  proper. 

Sec.  9.  The  General  Assembly  shall,  as  far  as  it  can  be  done  without  infringing  upon 
vested  rights,  reduce  all  lands,  moneys,  and  other  property  used  or  held  for  school  pur- 
poses, in  the  various  counties  of  this  State,  into  the  Public  School  Fund  herein  provided 
for:  and,  in  making  distribution  of  the  annual  income  of  said  fund,  shall  take  into  consider- 
at^pi  the  amount  of  any  county  or  city  funds  appropriated  for  common  school  purposes, 
and  make  such  distribution  as  will  equalize  the  amount  appropriated  for  common  schools 
throughout  the  State. 

ARTICLE  X. 

MILITIA. 

Section  1.  All  able-bodied  male  inhabitants  of  this  State,  between  the  ages  of  eighteen 
;  and  forty-five  years,  who  are  citizens  of  the  United  States,  or  have  declared  their  intention 
to  become  citizens  of  the  United  States,  shall  be  liable  to  military  duty  in  the  militia  of 
this  State;  and  there  shall  be  no  exemption  from  such  duty,  except  of  such  persons  as  the 
General  Assembly  may,  by  law,  exempt. 
Sec.  2.  The  General  Assembly  shall,  by  law,  provide  for  the  organization  of  the 
:  militia,  and  for  the  paying  of  the  same  when  called  into  actual  service;  but  there  shall  be 
no  officer  above  the  grade  of  Brigadier  General,  nor  shall  there  be  more  than  two  officers 
of  that  grade. 

Sec.  3.  Each  company  and  regiment  shall  elect  its  own  company  and  regimental 
officers;  but  if  any  company  or  regiment  shall  neglect  to  elect  such  officers  within  the 
time  prescribed  bylaw,  or  by  the  order  of  the  Governor,  they  may  be  appointed  by 
:  the  Governor. 

ARTICLE  XI. 
MISCELLANEOUS  provisions. 

Section  1.  The  General  Assembly  of  this  State  shall  never  interfere  with  the  primary 
;  disposal  of  the  soil  by  the  United  States,  nor  with  any  regulation  which  Congress  may 

find  necessary  for  securing  the  title  in  such  soil  to  the  bona  fide  purchasers.    No  tax  shall 

be  imposed  on  lands  the  property  of  the  United  States;  nor  shall  lands  belonging  to 

persons  residing  out  of  the  limits  of  this  State  ever  be  taxed  at  a  higher  rate  than  the 
l lands  belonging  to  persons  residing  within  the  State. 

Sec.  2.  The  State  shall  have  concurrent  jurisdiction  on  the  river  Mississippi,  and  on 

every  other  river  bordering  on  the  said  State,  so  far  as  the  said  river  shall  form  a  common 
j  boundary  to  this  State  and  any  other  State  which  may  be  bounded  thereby;  and  the  said 

river  Mississippi,  and  the  navigable  rivers  and  waters  leading  into  the  same,  whether 
I  bordering  on  or  within  this  State,  shall  be  common  highways,  and  forever  free  to  the 

citizens  of  this  State  and  the  United  States,  without  any  tax,  duty,  impost,  or  toll  therefor 

imposed  by  the  State. 

Sec.  3.  All  statute  laws  of  this  State  now  in  force,  not  inconsistent  with  this  Constitu- 
i  tion,  shall  continue  in  force  until  they  shall  expire  by  their  own  limitation,  or  be  amended 
I  or  repealed  by  the  General  Assembly;  and  all  writs,  prosecutions,  actions,  and  causes  ot 
j  action,  except  as  herein  otherwise  provided,  shall  continue;  and  all  indictments  which 
|  shall  have  been  found,  or  may  hereafter  be  found,  for  any  crime  or  offense  committed 
i  i  before  this  Constitution  takes  effect,  may  be  proceeded  upon  as  if  no  change  had  taken 
i  place,  except  as  hereinafter  specified. 

Sec.  4.  No  person  shall  be  prosecuted  in  any  civil  action  or  criminal  proceeding,  for  or 
iK  on  account  of  any  act  by  him  done,  performed,  or  executed,  after  the  first  day  of  January, 
one  thousand  eight  hundred  and  sixty-one,  by  virtue  of  military  authority  vested  in  him 


274 


by  the  Government  of  the  United  States,  or  that  of  this  State,  to  do  such  act,  or  in 
pursuance  of  orders  received  by  him  from  any  person  vested  with  such  authority ;  and  if 
any  action  or  proceeding  shall  have  heretofore  been,  or  shall  hereafter  be,  instituted 
against  any  person  for  the  doing  of  any  such  act,  the  defendant  may  plead  this  section 
in  bar  thereof. 

Sec.  5.  No  person  who  shall  hereafter  fight  a  duel,  or  assist  in  the  same  as  a  second,  or 
send,  accept,  or  knowingly  carry  a  challenge  therefor,  or  agree  to  go  out  of  this  State  to 
fight  a  duel,  shall  hold  any  office  in  this  State.  a 

Sec.  6.  No  money  shall  be  drawn  from  the  Treasury  but  in  consequence  of  appropria- 
tions made  by  law ;  and  an  accurate  account  of  the  receipts  and  expenditures  of  the  public 
money  shall  be  annually  published. 

Sec.  7.  No  person  holding  an  office  of  profit  under  the  United  States  shall,  during  his 
continuance  in  such  office,  hold  any  office  of  profit  under  this  State. 

Sec.  8.  In  the  absence  of  any  contrary  provision,  all  officers  now  or  hereafter  elected  or 
appointed  shall  hold  office  during  their  official  term,  and  until  their  successors  shall  be 
duly  elected  or  appointed,  and  qualified. 

Sec.  9.  The  General  Assembly  shall  have  power  to  repeal  or  modify  all  ordinances 
adopted  by  any  previous  Convention. 

Sec.  10.  The  seat  of  Government  of  this  State  shall  remain  at  the  City  of  Jefferson. 

Sec.  11.  No  person  emancipated  by  the  "  Ordinance  abolishing  slavery  in  Missouri,^ 
adopted  on  the  eleventh  day  of  January,  one  thousand  eight  hundred  and  sixty-five,  shall, 
by  any  County  Court  or  other  authority,  be  apprenticed,  or  bound  for  any  service,  except 
in  pursuance  of  laws  made  specially  applicable  to  the  persons  so  emancipated. 

Sec.  12.  The  General  Assembly  shall  provide,  by  law,  for  the  indictment  and  trial  of 
persons  charged  with  the  commission  of  any  felony,  in  any  county  other  than  that  in  which 
the  offense  was  committed,  whenever,  owing  to  prejudice  or  any  other  cause,  an  impartial 
grand  or  petit  jury  can  not  be  impanneled  in  the  county  in  wrhich  such  offense  was 
committed. 

Sec.  13.  The  credit  of  the  State  shall  not  be  given  or  loaned  in  aid  of  any  person, 
association,  or  corporation;  nor  shall  the  State  hereafter  become  a  stockholder  in  any 
corporation  or  association,  except  for  the  purpose  of  securing  loans  heretofore  extended  to 
certain  railroad  corporations  by  the  State. 

Sec.  14.  The  General  Assembly  shall  not  authorize  any  county,  city,  or  town  to  become 
9  stockholder  in,  or  to  loan  its  credit  to,  any  company,  association,  or  corporation,  unless 
two-thirds  of  the  qualified  voters  of  such  county,  city,  or  town,  at  a  regular  or  speeiaj 
election  to  be  held  therein,  shall  assent  thereto. 

Sec.  15.  The  General  Assembly  shall  have  no  power,  for  any  purpose  whatever,  tc 
release  the  lien  held  by  the  State  upon  any  railroad. 

Sec.  16.  No  property,  real  or  personal,  shall  be  exempt  from  taxation,  except  such  a* 
may  be  used  exclusively  for  public  schools,  and  such  as  may  belong  to  the  United  States, 
to  this  State,  to  counties,  or  to  municipal  corporations  within  this  State. 

ARTICLE  XII. 
mode  of  amending  and  revising  the  constitution. 

Section  1.  This  Constitution  may  be  amended  and  revised  in  pursuance  of  the  pro- 
visions of  this  Article. 

Sec.  2.  The  General  Assembly,  at  any  time,  may  propose  such  amendments  to  thiij 
Constitution  as  a  majority  of  the  members  elected  to  each  House  shall  deem  expedient 
and  the  vote  thereon  shall  be  taken  by  yeas  and  nays,  and  entered  in  full  on  the  journals 
x\nd  the  proposed  amendments  shall  be  published  with  the  laws  of  that  session,  and  als<] 


275 


shall  be  published  weekly  in  two  newspapers,  if  such  there  be,  within  each  Congressional 
district  in  the  State,  for  four  months  next  preceding  the  general  election  then  next  ensuing, 
jrhe  proposed  amendments  shall  be  submitted  to  a  vote  of  the  people,  each  amendment 
separately,  at  the  next  general  election  thereafter ,  in  such  manner  as  the  General  Assembly 
may  provide.  And  if  a  majority  of  the  qualified  voters  of  the  State,  voting  for  and  against 
my  one  of  said  amendments,  shall  vote  for  such  amendment,  the  same  shall  be  deemed  and 
[taken  to  have  been  ratified  by  the  people,  and  shall  be  valid  and  binding,  to  all  intents  and 
purposes,  as  a  part  of  this  Constitution. 

SW.  3.  The  General  Assembly  may,  at  any  time,  authorize,  by  law,  a  vote  of  the  people 
:o  be  taken  upon  the  question  whether  a  Convention  shall  be  held  for  the  purpose  of 
revising  and  amending  the  Constitution  of  this  State;  and  if,  at  such  election,  a  majority  of 
| the  votes  on  the  question  be  in  favor  of  a  Convention,  the  Governor  shall  issue  writs  to  the 
sheriffs  of  the  different  counties,  ordering  the  election  of  delegates  to  such  a  Convention, 
an  a  day  within  three  months  after  that  on  which  the  said  question  shall  have  been  voted 
p.  At  such  election,  each  Senatorial  District  shall  elect  two  delegates  for  each  Senator  to 
which  it  maybe  then  entitled  in  the  General  Assembly,  and  every  such  delegate  shall 
lave  the  qualifications  of  a  Senator.  The  election  shall  be  conducted  in  conformity  with 
;he  laws  regulating  the  election  of  Senators.  The  delegates  so  elected  shall  meet  at 
such  time  and  place  as  may  be  provided  by  law,  and  organize  themselves  into  a  Conven- 
ion,  and  proceed  to  revise  and  amend  the  Constitution;  and  the  Constitution,  when  so 
revised  and  amended,  shall,  on  a  day  to  be  therein  fixed,  not  less  than  sixty  nor  more  than 
iinety  days  after  that  on  which  it  shall  have  been  adopted  by  the  Convention,  be  submitted 
co  a  vote  of  the  people  for  and  against  it,  at  an  election  to  be  held  for  that  purpose  only- 
md  if  a  majority  of  all  the  votes  given  be  in  favor  of  such  Constitution,  it  shall,  at  the  end 
)f  thirty  days  after  such  election,  become  the  Constitution  of  this  State.  The  result  of 
such  election  shall  be  made  known  by  proclamation  by  the  Governor.  The  General  Assem- 
bly shall  have  no  power,  otherwise  than  as  in  this  section  specified,  to  authorize  a  Conven- 
:ion  for  revising  and  amending  the  Constitution . 

ARTICLE  XIII. 

PROVISIONS  FOR  PUTTING  THIS  CONSTITUTION  INTO  FORCE. 


And  we  do  further  ordain,  as  follows : 

Section  1.  The  preceding  parts  of  this  instrument  shall  not  take  effect,  unless  this 
Constitution  be  ador  ed  by  the  people  at  the  election  to  be  held  as  hereinafter  directed ; 
4 but  the  provisions  ot  this  Article  shall  be  in  force  from  the  day  of  the  adoption  of  this 
Constitution  by  the  Representatives  of  the  people  in  this  Convention  assembled. 

Sec.  2.  For  the  purpose  of  ascertaining  the  sense  of  the  people  in  regard  to  the 
adoption  or  rejection  of  this  Constitution,  the  same  shall  be  submitted  to  the  qualified 
voters  of  the  State,  at  an  election  to  be  held  on  the  sixth  day  of  June,  one  thousand 
sight  hundred  and  sixty-five,  at  the  several  election  precincts  in  this  State,  and  elsewhere, 
as  hereinafter  provided.    On  that  day,  or  on  any  day  not  more  than  fifteen  days  prior 
thereto,  such  qualified  voters  of  this  State  as  shall  then  be  absent  from  the  places  of  their 
residence,  by  reason  of  their  being  in  the  military  service  of  the  United  States  or  of  this 
[State,  whether  they  then  be  in  or  out  of  this  State,  shall  be  entitled  to  vote  on  the  adoption 
or  rejection  of  this  Constitution.    For  that  purpose  a  poll  shall  be  opened  in  each  Missouri 
regiment  or  company  in  such  service,  at  the  quarters  of  the  commanding  officer  thereof; 
and  the  voters  of  this  State  belonging  to  such  regiment  or  company,  and  any  others 
belonging  to  any  other  such  regiment  or  company,  and  who  may  be  present,  may  vote  at 
([such  poll.    Any  one  or  two  commissioned  officers  of  such  regiment  or  company,  who  may 
;be  present  at  the  opening  of  the  polls,  shall  act  as  judge  or  judges  of  the  election;  and  if 
,no  such  officer  be  present,  then  the  voters  of  such  regiment  or  company  present  shall 
[ijelect  two  of  the  voters  present  to  act  as  such  judges.    Every  such  judge  shall,  before  any 


276 


votes  are  received,  take  an  oath  or  affirmation  that  he  will  honestly  and  faithfully  perform  i  $ 
the  duties  of  judge,  and  make  proper  return  of  the  votes  given  at  such  election;  and  (  f 
such  oath  the  judges  may  administer  to  each  other.    In  any  election  held  in  a  regi-  fi= 
ment  or  company,  the  polls  shall  be  opened  at  eight  o'clock  a.  m.,  and  closed  at  six  . 
o'clock  P.  M. 

Sec.  3.   The  election  provided  for  in  the  next  preceding  section  shall  be  by  ballot. 
Those  ballots  in  favor  of  the  Constitution  shall  have  written  or  printed  thereon  the  words,  ; 
4 '  New  Constitution — Yes;"  those  against  the  Constitution  shall  have  written  or  ported 
thereon  the  words,  4  4  New  Constitution — No. ' ' 

Sec.  4.  The  said  election  shall  be  conducted,  and  the  returns  thereof  made  to  the  clerks; 
of  the  several  County  Courts,  and  by  them  immediately  certified  to  the  Secretary  of  State, 
as  provided  by  law  in  the  case  of  elections  of  State  officers;  and  where  an  election  shall  be 
held  in  a  regiment  or  company,  the  returns  thereof,  with  the  poll-books,  shall  be  certified 
to  the  Secretary  of  State,  and  may  be  transmitted  by  mail,  or  by  any  messenger  to  whom 
the  judges  of  the  election  may  entrust  the  same  for  that  purpose. 

Sec.  5.  Any  qualified  voter  of  this  State,  within  the  State,  who,  on  the  day  of  said 
election,  shall  be  absent  from  the  place  of  his  residence,  may  vote  at  any  place  of  voting, 
upon  satisfying  the  judges  that  he  is  a.  qualified  voter,  and  being  sworn  by  them  that  he 
has  not  voted,  and  will  not  vote,  in  said  election  at  any  other  election  precinct. 

Sec.  6.  At  said  election  no  person  shall  be  allowed  to  vote  who  would  not  be  a  qualified 
voter  according  to  the  terms  of  this  Constitution,  if  the  second  Article  thereof  were  then  in 
force.  The  judges  of  election  shall  administer  to  every  person  offering  to  vote,  in  lieu  of 
the  oath  now  required  to  be  taken  by  voters  under  the  ordinance  of  June  10th,  1862,  the 
following  oath,  to- wit:  4  4 1,  A.  B.,  do  solemnly  swear,  that  I  am  well  acquainted  with  the 
terms  of  the  third  section  of  the  second  Article  of  the  Constitution  of  the  State  of  Missouri, 
adopted  by  the  Convention  which  assembled  in  the  city  of  St.  Louis,  on  the  6th  day  of 
January,  eighteen  hundred  and  sixty-five,  and  have  carefully  considered  the  same;  that  1 
have  never,  directly  or  indirectly,  done  any  of  the  acts  in  said  section  specified;  that  I 
have  always  been  truly  and  loyally  on  the  side  of  the  United  States  against  all  enemies  j 
thereof,  foreign  and  domestic;  that  I  will  bear  true  faith  and  allegiance  to  the  United 
States,  and  will  support  the  Constitution  and  laws  thereof  as  the  supreme  law  of  the  land, 
any  law  or  ordinance  of  any  State  to  the  contrary  notwithstanding;  that  I  will,  to  the  best 
of  my  ability,  protect  and  defend  the  Union  of  the  United  States,  and  not  allow  the  same 
to  be  broken  up  and  dissolved,  or  the  Government  thereof  to  be  destroyed  or  overthrown, 
under  any  circumstances,  if  in  my  power  to  prevent  it;  and  that  I  make  this  oath  without 
any  mental  reservation  or  evasion,  and  hold  it  to  be  binding  on  me. ' '  Should  an}*-  such 
person  decline  to  take  said  oath,  he  shall  not  be  permitted  to  vote  at  said  election;  but  the 
taking  thereof  shall  not  be  deemed  conclusive  evidence  of  the  right  of  such  person  to  vote; 
but  such  right  may  be  disputed  and  disproved.  Any  person  who  shall  falsely  take,  or, 
having  taken,  shall  thereafter  willfullj''  violate,  the  oath  prescribed  in  this  section,  shall,  ' 
upon  conviction  thereof  by  any  court  of  competent  jurisdiction,  be  adjudged  guilty  of  the 
crime  of  perjury,  and  shall  be  punished  therefor  in  accordance  with  existing  law. 

Sec.  7.  On  the  first  day  of  July  next  ensuing  said  election,  the  Secretary  of  State  shall, 
in  presence  of  the  Governor,  the  Attorney  General,  or  the  State  Auditor,  proceed  to 
examine  and  cast  up  the  returns  of  the  votes  taken  at  said  election,  and  certified  to  him, 
including  those  of  x>ersons  in  the  military  service;  and  if  it  shall  appear  that  a  majority  oi 
all  the  votes  cast  at  such  election  were  in  favor  of  the  Constitution,  the  Governor •  shall 
assue  his  proclamation,  stating  that  fact,  and  this  Constitution  shall,  on  the  fourth  day* 

of  said  month  of  July,  be  the  Constitution  of  the  State  of  Missouri. 
Sec.  8.  The  officer  now  known  as  the  4  4  Auditor  of  Public  Accounts' '  shall  hereafter  be 

styled  State  Auditor. 

Sec.  9.  The  office  of  Register  of  Lands  shall  continue  until  the  General  Assembly  shall 
abolish  the  same. 


277 


Done  by  the  Representatives  of  the  People  of  the  State  of  Missouri,  in  Convention 
assembled,  at  the  city  of  St.  Louis,  on  the  eighth  day  of  April,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty -five,  and  of  the  Independence  of  the  United  States  the 
eighty-ninth. 

ARNOLD  KREKEL,  of  St,  Charles  county,  President. 

CHAS.  D.  DRAKE ,  of  St.  Louis,  Vice  President. 

WM.  B.  ADAMS,  of  Montgomery  county. 

A.  J.  BARR,  of  Ray  county. 

A.  M.  BEDFORD,  of  Mississippi  county. 

D.  BONHAM,  of  Andrew  county. 
GEO.  K.  BUDD,  of  St.  Louis  county. 
HARVEY  BUNCE,  of  Cooper  county. 
R.  L.  CHILDRESS,  of  Webster  county. 
JOHN  H.  DAVIS,  of  Nodaway  county. 
I.  B.  DODSON,  of  Adair  county. 
JOHN  H.  ELLIS,  of  Livingston  county. 
JOHN  ESTHER,  of  Laclede  county. 
ELLIS  G.  EVANS ,  of  Crawford  county. 
CHAUNCEY  I.  FILLEY,  of  St.  Louis  comity. 
J.  W.  FLETCHER,  of  Jefferson  county. 

W.  H.  FOLMSBEE,  of  Daviess  county. 
F.  M.  FULKERSON,  of  Saline  county. 
JOHN  W.  GAMBLE,  of  Audrain  county. 
A .  GILBERT ,  of  Lawrence  county . 
DAVID  HENDERSON,  of  Dent  county. 

E.  A.  HOLCOMB,  of  Chariton  county. 

J.  H.  HOLDS  WORTH,  of  Monroe  county. 
W.  S.  HOLLAND,  of  Henry  county. 
J.  F.  HUME,  of  Moniteau  county. 
WYLLYS  KING,  of  St.  Louis  county. 
REEVES  LEONARD,  of  Howard  county. 
JOHN  F.  McKERNAN,  of  Cole  county. 
ARCHIBALD  M.  McPHERSON,  of  Perry  county. 
JOHN  A.  MACK,  of  Greene  county. 
FERDINAND  MEYER,  of  St.  Louis  county. 
DORASTUS  PECK,  of  Iron  county. 
JONATHAN  THOMAS  RANKIN,  of  Dade  comity. 
K.  G.  SMITH,  of  Mercer  county. 
GEO.  P.  STRONG,  of  St.  Louis  county. 
JAMES  T.  SUTTON,  of  Wayne  county. 
JOHN  R.  SWEAR  IN  GEN.  of  Jackson  county. 
WM.  F.  SWITZLER,  of  Boone- county. 
LEWIS  H.  WEATHERBY,  of  DeKalb  county. 
JEREMIAH  WILLIAMS ,  of  Caldwell  county. 
EUGENE  WILLIAMS,  of  Scotland  county. 

Attest:  AMOS  P.  FOSTER,  Secretary. 

THOS.  PROCTOR,  Assistant  Secretary, 


278 


AN  ORDINANCE 

FOE  THE  PAYMENT  OF  STATE  AND  BA1LK0AD  INDEBTEDNESS. 

Be  it  ordained  by  the  People  of  the  State  of  Missouri,  in  Convention  'assembled^  as  follows : 

Section  1.  There  shall  be  levied  and  collected  from  the  Pacific  railroad,  the  North' 
Missouri  railroad,  and  the  St.  Louis  and  Iron  Mountain  railroad  companies,  an  annual  tax 
of  ten  per  centum  of  their  gross  receipts  for  the  transportation  of  freight  and  passengers 
(not  including  amounts  received  from,  and  taxes  paid  to,  the  United  States),  from  the  1st 
of  October,  1866,  to  the  1st  of  October,  1868,  and  fifteen  per  centum  thereafter;  which  tax 
shall  be  assessed  and  collected  in  the  county  of  St.  Louis,  in  the  same  manner  as  other 
State  taxes  are  assessed  and  collected,  and  shall  be  appropriated  by  the  General  Assembly 
to  the  payment  of  the  principal  and  interest  now  due,  or  hereafter  to  become  due,  upon 
the  bonds  of  the  State,  and  the  bonds  guaranteed  by  the  State,  issued  to  the  aforesaid 
railroad  companies. 

Sec.  2.  A  like  tax  of  fifteen  per  centum  shall  be  assessed  and  collected  from  the 
Hannibal  and  St.  Joseph  railroad  company,  and  from  the  Platte  Country  railroad  company, 
whenever  default  is  made  by  said  companies,  or  either  of  them,  in  the  payment  of  the 
interest  or  principal  of  the  bonds  of  the  State,  or  the  bonds  guaranteed  by  the  State, 
issued  to  said  companies,  respectively;  which  tax  shall  be  assessed  and  collected  in  such 
manner  as  the  General  Assembly  may,  by  law,  direct,  and  shall  be  applied  for  the  payment 
of  principal  and  interest  of  said  bonds,  as  the  same  may  become  due  and  payable. 

Sec.  3.  The  tax  in  this  ordinance  specified  shall  be  collected  from  each  company  here- 
inbefore named,  only  for  the  payment  of  the  principal  and  interest  of  the  bonds  for  the 
payment  of  which  such  company  shall  be  liable,  and,  whenever  Such  bonds  and  interest 
shall  have  been  fully  paid,  no  further  tax  shall  be  collected  from  such  company;  but 
nothing  shall  be  received  by  the  State,  in  discharge  of  any  amounts  due  upon  said  bonds, 
except  cash,  or  other  bonds  or  obligations  of  this  State. 

Sec.  4.  Should  either  of  said  companies  refuse  or  neglect  to  pay  said  tax,  as  herein 
required,  and  the  interest  or  principal  of  any  of  said  bonds,  or  any  part  thereof,  remain 
due  and  unpaid,  the  General  Assembly  shall  provide,  by  law,  for  the  sale  of  the  railroad 
and  other  property,  and  the  franchises  of  the  company,  that  shall  be  thus  in  default,  under 
the  lien  reserved  to  the  State,  and  shall  appropriate  the  proceeds  of  such  sale  to  the 
pajrment  of  the  amount  remaining  clue  and  unpaid  from  said  company. 

Sec.  5.  Whenever  the  State  shall  become  the  purchaser  of  any  railroad  or  other 
property,  or  franchises,  sold  as  hereinbefore  provided  for,  the  General  Assembly  shall 
provide,  by  law,  in  what  manner  the  same  shall  be  sold,  for  the  payment  of  the  indebted- 
ness of  the  railroad  company  in  default;  but  no  railroad  or  other  propert}r,  or  franchises, 
purchased  by  the  State,  shall  be  restored  to  any  such  company  until  it  shall  have  first 
paid,  in  money,  or  in  Missouri  State  bonds,  or  in  bonds  guaranteed  by  this  State,  all 
interest  due  from  said  company;  and  all  interest  thereafter  accruing  shall  be  paid  semi- 
annually, in  advance;  and  no  sale  or  other  disposition  of  any  such  railroad  or  other 
property,  or  the  franchises,  shall  be  made  without  reserving  a  lien  upon  all  the  property 
and  franchises  thus  sold  or  disposed  of,  for  all  sums  remaining  unpaid;  and  all  payments 
therefor  shall  be  made  in  money,  or  in  the  bonds  or  other  obligations  of  this  State. 

Sec.  6.  The  General  Assembly  shall  provide,  by  law,  for  the  payment  of  all  State 
indebtedness  not  hereinbefore  provided  for;  and  for  this  purpose  a  tax  of  one  quarter  of 
one  per  centum  on  all  real  estate,  and  other  property  and  effects  subjected  to  taxation, 
shall  be  assessed  and  collected,  and  shall  be  appropriated  for  the  payment  of  all  such 
indebtedness  that  may  have  matured;  and  the  surplus,  if  anj'-,  shall  be  set  apart  as  a 
sinking  fund  for  the  payment  of  the  obligations  of  the  State  that  may  hereafter  become 
due,  and  for  no  other  purpose  whatsoever. 

Sec.  7.  At  the  election  to  be  held  on  the  sixth  day  of  June,  eighteen  hundred  and  sixty- 
five,  for  the  purpose  of  ascertaining  the  sense  of  the  people  in  regard  to  the  adoption  or 


279 


rejection  of  the  Constitution  adopted  by  this  Convention,  the  question  of  the  adoption  or 
rejection  of  this  Ordinance  shall  be  submitted  to  the  voters  of  this  State,  who  shall  be 
qualified  as  voters  under  the  provisions  of  Article  13th  of  said  Constitution,  and  shall  take 
the  oath  in  said  Article  prescribed;  and  the  vote  at  such  election  shall  be  taken,  and  returns 
thereof  made,  at  the  same  time,  under  the  same  restrictions,  and  in  the  same  manner, 
as  in  said  Article  is  provided  for  the  vote  upon  the  question  of  the  adoption  or  rejection  of 
said  Constitution.  The  election  herein  provided  for  shall  be  by  ballot.  Those  ballots  in 
favor  of  this  Ordinance  shall  have  written  or  printed  thereon  the  words,  "Shall  the 
railroads  pay  their  bonds?  Fes."  Those  opposed  to  this  Ordinance  shall  have  written  or 
printed  thereon  the  words,  ' '  Shall  the  railroads  pay  their  bonds?  No.  "  If  the  majority  of 
all  the  votes  cast  at  such  election  shall  be  in  favor  of  this  Ordinance,  the  same  shall  be 
valid,  and  have  full  force  and  effect  as  a  part  of  the  Constitution  of  this  State,  whether  the 
New  Constitution  adopted  by  this  Convention  be  adopted  or  rejected.  If  a  majority  of 
such  votes  shall  be  against  this  Ordinance,  it  shall  have  no  force  or  validity  whatsoever. 

The  Governor  of  this  State  shall,  by  proclamation,  make  known  the  result  ot  the  election 
herein  provided  for. 

Adopted  in  Convention,  April  tenth,  A.  D.  one  thousand  eight  hundred  and  sixty-five. 

ARNOLD  KREKEL,  President. 

Amos  P.  Foster,  Secretary. 


THE  RATIFICATION  — GOVERNOR'S  PROCLAMATION. 

State  of  Missouri.  \ 

Executive  Department.  » 

Whereas,  On  the  sixth  day  of  January,  one  thousand  eight  hundred  and  sixty-live, 
a  Convention  of  Representatives  of  the  people  of  the  State  of  Missouri,  elected  in  pursuance 
of  law.  assembled  in  the  city  of  St.  Louis,  for  the  purpose  of  amending  the  Constitution 
of  said  State,  which  Convention  did,  on  the  eighth  day  of  April  in  said  year,  adopt  a 
Revised  and  Amended  Constitution  for  said  State: 

And  whereas,  In  and  by  the  second  section  ot  the  thirteenth  Article  of  the  said  Revised 
and  Amended  Constitution,  it  was  provided  that  an  election  by  the  qualified  voters  of  this 
State  should  be  held  on  the  sixth  day  of  June,  one  thousand  eight  hundred  and  sixty-five, 
at  the  several  election  precincts  in  this  State,  and  elsewhere,  for  the  purpose,  of  ascertaining 
the  sense  of  the  people  in  regard  to  the  adoption  or  rejection  ot  the  said  Constitution;  and 
provision  was  made  in  said  section  for  taking  and  counting  the  votes  of  such  qualified 
voters  of  this  State  as  should  then  be  absent  from  the  places  of  their  residence,  by  reason 
of  their  being  in  the  military  service  of  the  United  States  or  of  this  State,  whether  they 
should  then  be  in  or  out  of  this  State: 

And  whereas,  In  and  by  the  provisions  of  the  said  thirteenth  Article  of  the  said  Revised 
and  Amended  Constitution,  it  was  required  that  the  returns  of  said  election  should  be 
certified  to  the  Secretary  of  State,  and  that,  on  the  first  day  of  July  next  ensuing  said 
election,  the  Secretaiy  of  State  should,  in  the  presence  of  the  Governor,  the  Attorney 
General,  or  the  State  Auditor,  proceed  to  examine  and  cast  up  the  returns  of  the  votes 
taken  at  said  election,  and  certified  to  him,  including  those  of  persons  in  the  military 
service;  and  if  it  should  appear  that  a  majority  of  all  the  votes  cast  at  said  election  were 
in  favor  of  the  Constitution,  the  Governor  should  issue  his  proclamation  stating  that  fact, 
and  the  said  Constitution  should  on  the  fourth  da}'  of  said  month  of  July  be  the  Constitution 
of  the  State  of  Missouri: 

And  whereas,  On  the  said  first  day  of  July  the  said  Secretary  of  State  did,  in  presence 
of  the  Governor  and  the  State  Auditor,  proceed  to  examine  and  cast  up  the  returns  of  the 
votes  taken  at  said  election,  and  certified  to  him,  including  those  of  persons  in  the  military 
service;  when  it  appeared,  upon  an  accurate  casting  up  of  said  returns,  that  there  were 


280 


forty-three  thousand  six  hundred  and  seventy  (43,670)  votes  in  favor  of  said  Constitution, 
and  forty-one  thousand  eight  hundred  and  eight  (41,808)  votes  against  said  Constitution; 
and  there  being,  therefore,  a  majority  of  all  the  votes  cast  at  said  election  in  favor  of 
said  Constitution : 

Now,  therefore,  I,  Thomas  C.  Fletcher,  Governor  of  the  State  of  Missouri,  in  pursuance 
of  the  authority  vested  in  me,  as  aforesaid,  do,  by  this  my  proclamation,  declare  and 
make  known  that  the  said  Revised  and  Amended  Constitution  was,  at  said  election, 
adopted  by  a  majority  of  the  votes  cast  at  said  election,  and  that,  in  pursuance  of  the 
provisions  therein  contained,  it  will  take  effect  as  the  Constitution  of  the  State  of  Missouri, 
on  the  Fourth  day  of  the  present  month  of  July. 
Given  under  my  hand  and  the  Great  Seal  of  the  State  of  Missouri,  at  the  City  of  Jefferson, 
on  the  first  day  of  July,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty -five. 

THOS.  C.  FLETCHER. 

By  the  Governor: 

Francis  Rodman,  Secretary  of  State. 


Whereas,  The  Representatives  of  the  people  of  the  State  of  Missouri,  in  Convention 
assembled,  did  adopt,  on  the  tenth  day  of  April,  A.  D.  1865,  an  ordinance  entitled  "  An 
Ordinance  for  the  payment  of  Railroad  and  State  Indebtedness : ' ' 

And  whereas,  Said  ordinance,  in  accordance  with  its  provisions,  has  been  submitted  to 
the  vote  of  the  people  of  the  State  of  Missouri  on  the  sixth  day  of  June,  A.  D.  1865,  and 
also  to  the  vote  of  the  qualified  voters  of  this  State,  absent  from  their  residence  by  reason 
of  their  being  in  the  military  service  of  the  United  States  or  of  the  State  of  Missouri,  as 
provided  by  said  ordinance: 

And  whereas,  The  returns  of  said  election  were  made  at  the  time,  under  the  restrictions, 
and  in  the  manner  as  prescribed  by  said  ordinance : 

And  whereas,  In  pursuance  of  said  provisions,  the  Secretary  of  State  did,  on  the  first 
day  of  July,  A.  D.  1865,  in  the  presence  of  the  Governor  and  the  State  Auditor,  proceed 
to  examine  and  cast  up  the  returns  of  the  votes  taken  at  said  election  and  certified 
to  him: 

Now,  therefore,  I,  Thomas  C.  Fletcher,  Governor  of  the  State  of  Missouri,  in  pursuance 
of  authority  in  me  vested  by  said  ordinance,  do,  by  this  my  proclamation,  make  known 
that,  upon  an  accurate  casting  up  of  said  above-mentioned  returns,  there  appeared  thirty- 
nine  thousand  and  sixty-seven  votes  for:  "Shall  the  railroads  pay  their  bonds?  Yes;" 
and  twenty  thousand  nine  hundred  votes  for:  "Shall  the  railroads  pav  their  bonds  ?  No." 

In  testimony  whereof,  I  have  hereunto  set  my  hand,  and  caused  to  be  affixed  the  Great 
Seal  of  the  State  of  Missouri. 

Done  at  Jefferson  City,  this,  the  seventh,  day  of  July,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  sixty-five,  of  the  Independence  of  the  United  States 
the  ninetieth,  and  of  the  State  of  Missouri  the  forty-fifth. 

THOS.  C.  FLETCHER. 

By  the  Governor: 

Francis  Rodman,  Secretary  of  State. 


281 


AN  ORDINANCE 

ABOLISHING  SLAVERY  IN  MISSOURI. 


Be  it  ordained  by  the  People  of  the  State  of  Missouri,  in  Convention  assembled : 

That  hereafter,  in  this  State,  there  shall  be  neither  slavery  nor  involuntary  servitude, 
except  in  punishment  of  crime,  whereof  the  party  shall  have  been  duly  convicted;  and  all 
persons  held  to  service  or  labor  as  slaves  are  hereby  declared  free. 

Passed  in  Convention,  January  eleventh,  A.  D.  one  thousand  eight  hundred  and 
sixty-five. 

A.  KREKEL,  President. 

CHAS.  D.  DRAKE.  Vice  President. 


GEO.  P.  STRONG. 
D.  BOXHAM, 
HENRY  A.  CLOVER, 
ELLIS  G  EVANS, 
ABNER  L.  GILSTRAP, 
ISHAM  B.  DODSOX. 
JAMES  P.  MITCHELL, 
GEORGE  HUSMANX, 
M.  L.  LIXTOX. 
JOHX  A.  MACK. 
EUGEXE  WILLIAMS, 
WILLIAM  D'OEXCH. 

A.  P.  XIXDORF, 
HARVEY  BUNCE, 
J.  F.  McKERXAX. 
EMORY  S.  FOSTER, 
W.  A.  MORTOX, 
JOHX  H.  ELLIS. 
JOHX  H.  DAVIS . 
W.  S.  HOLLAXD. 
ELI  SMITH, 

W.  H.  FOLMSBEE, 
PH.  ROHRER, 
CHAUXCEY  I.  FILLEY, 
FERDINAND  MEYER. 

B.  F.  HUGHES, 

A.  GILBERT,  of  Lawrence. 
R.  L.  CHILDRESS, 
ANDREW  G.  XEWGEXT. 
DAVID  HENDERSOX, 
J.  M.  GRAMMER. 
Attest:    Amos  P.  Foster.  Secretary. 


W.  B.  ADAMS, 

JOHX  H.  HOLDSWORTII. 

A.  J.  BARR, 

GEORGE  K.  BUDD. 

GEORGE  C.  THILENIUS, 

JOHX  R.  SWEARIXGEX, 

JOHX  ESTHER, 

E.  A.  H0LC0M3. 
JAMES  W.  OWEXS, 
A.  M.  BEDFORD. 

F.  M.  FULKERSOX, 
DORASTUS  PECK. 
S.  T.  DAVIS. 

J.  W.  FLETCHER, 
R.  C.  COWDEX, 
M.  P.  GREEN. 
GUSTAVUS  ST.  GEM, 
WM.  F.  SWITZLER. 
JEREMIAH  WILLIAMS, 
JOHN"  W.  GAMBLE, 
K.  G.  SMITH, 
WYLLYS  KING, 
ISIDOR  BUSH, 
LEWIS  H.  WEATHERBY, 
JAMES  T.  SUTTON, 
A.  M.  McPHERSOX, 
J.  T.  RAXKLX. 
J.  F.  HUME. 
REEVES  LEOXARD, 
A.  H.  MARTIX. 
SAMUEL  A.  GILBERT. 


282 


AN  ORDINANCE 

TO  PEOTECT  EMANCIPATED  NEGEOES  FEOM  APPEENTICESHIP. 

Be  it  ordained  by  the  People  of  the  State  of  Missouri,  in  Convention  assembled : 

That  no  person  emancipated  by  the  ''Ordinance  abolishing  Slavery  in  Missouri,'' 
adopted  on  the  eleventh  day  of  January,  one  thousand  eight  hundred  and  sixty-five,  shall, 
by  any  County  Court  or  other  authority,  be  apprenticed,  or  bound  for  any  service,  except 
in  pursuance  of  such  laws  as  the  General  Assembly  of  this  State  may  hereafter  enact,  made 
specially  applicable  to  the  persons  so  emancipated . 

Adopted  in  Convention,  January  twelfth,  A.  D.  one  thousand  eight  hundred  and 
sixty-five. 

ARNOLD  KREKEL,  President  of  the  Convention. 
Attest:    Amos  P.  Foster,  Secretary  of  the  Convention. 


AN  ORDINANCE 

PROVIDING  FOE  THE  VACATING  OF  CERTAIN  CIVIL  OFFICES  IN  THE  STATE,  FILL- 
ING THE  SAME  ANEW,  AND  PROTECTING  THE  CITIZENS  FEOM  INJTJEY  AND 
HARASSMENT. 

Be  it  ordained  by  the  People  of  the  State  of  Missouri,  in  Convention  assembled,  as  follows : 

Section  1.  That  the  offices  of  the  Judges  of  the  Supreme  Court,  of  all  Circuit  Courts, 
and  of  all  courts  of  record  established  by  any  act  of  the  General  Assembly,  and  those  of 
the  Justices  of  all  County  Courts,  of  all  clerks  of  any  of  the  aforesaid  courts,  of  all  Circuit 
Attorneys  and  their  assistants,  and  of  all  Sheriffs  and  County  Recorders,  shall  be  vacated 
on  the  first  day  of  May,  one  thousand  eight  hundred  and  sixty-five,  and  the  same  shall  be 
tilled  for  the  remainder  of  the  term  of  each  of  said  offices,  respectively,  by  appointment  by^ 
the  Governor.    The  Governor  shall,  in  like  manner,  and  with  like  effect,  fill  any  vacancy  ■ 
now  existing  in  any  of  said  offices.    Every  person  appointed  by  the  Governor  under  this 
Ordinance,  shall,  before  entering  upon  the  discharge  of  the  duties  of  his  office,  take  the 
oath  prescribed  in  the  second  section  of  the  "Ordinance  defining  the  qualifications  of, 
voters  and  civil  officers  in  this  State,"  adopted  June  tenth,  one  thousand  eight  hundred 
and  sixty-two,  and  shall  give  bond  in  such  form,  in  such  sum,  and  with  such  security,  as 
are  required  by  existing  laws . 

Sec.  2.  No  person  shall  be  prosecuted  in  any  civil  action,  or  criminal  proceeding,  for  or 
on  account  of  any  act  by  him  done,  performed,  or  executed,  after  the  first  day  of  January, 
one  thousand  eight  hundred  and  sixty-one,  by  virtue  of  military  authority  vested  in  him 
by  the  Government  of  the  United  States,  or  that  of  this  State,  to  do  such  act,  or  in 
pursuance  of  orders  received  by  him  or  them  from  any  person  vested  with  such  authority; 
and  if  any  action  or  proceeding  be  brought  or  instituted  against  any  person  for  the  doing 
of  any  such  act,  the  defendant  may  plead  in  bar  thereof,  and  give  this  ordinance  in 
evidence.  The  provisions  of  this  section  shall  apply  in  all  cases  where  suits  are  now 
pending,  in  the  same  manner,  and  with  like  effect,  as  in  suits  or  actions  hereafter  brought. 

Passed  in  Convention,  March  seventeenth,  A.  D.  one  thousand  eight  hundred  and 
sixty -five. 

ARNOLD  KREKEL,  President  of  the  Convention. 
Attest:  John  W.  Stephens,  Secretary  pro  tern. 


283 


AX  ORDINANCE 

FOE  PAYING   THE   OFFICERS,   MEMBERS,   AND   OTHERS,   OF   THE   MISSOURI  STATE 

CONTENTION. 

Be  it  ordained  by  the  People  of  the  State  of  Missouri,  in  Convention  assembled,,  as  follows: 

Section  1.  That  there  be  and  is  hereby  appropriated,  out  of  any  money  in  the  treasury 
of  this  State,  the  sum  of  twenty  thousand  dollars  for  the  payment  of  members,  and  all 
other  expenses  of  the  Missouri  State  Convention . 

Sec.  2.  The  State  Treasurer  is  hereby  required  and  authorized  to  pay  to  the  Chairman  of 
the  Committee  on  Accounts.  3Ir.  Ferdinand  Meyer,  the  aforesaid  sum  of  twenty 
thousand  dollars,  and  to  take  his  receipt  therefor:  and  the  Committee  on  Accounts  shall 
audit  all  indebtedness  incurred  by  this  Convention:  and  if  any  debts  should  remain  unpaid 
after  the  above  appropriation  is  exhausted,  then  the  General  Assembly,  at  its  next  session, 
shall  provide  for  the  full  and  complete  payment  of  the  same. 

Sec.  3.  The  Auditor  of  Public  Accounts  is  required  and  authorized  to  audit  the  accounts 
of  the  Committee  on  Accounts,  and  make  full  settlement  with  them,  paying-  them  the  per 
diem  and  mileage  now  allowed  to  a  member  for  all  the  necessary  time  occupied  and 
journeys  made  after  the  close  of  this  Convention. 

Adopted  in  Convention,  April  fifth.  A.  D.  one  thousand  eight  hundred  and  sixty-five. 

A.  KEEKEL,  President. 

Attest:  Amos  P.  Foster.  Secretary. 


AN  ORDINANCE 

PROVIDING  FOE  OBTAINING  TEE  VOTES  OF  MISSOURI  SOLDIERS  ON  THE  CONSTITUTION. 

Be  it  ordained  by  the  People  of  the  State  of  Missouri,  in  Convention  assembled,  as  follows : 

Section  1.  The  Governor  of  this  State  is  required,  on  or  before  the  fifteenth  day  of  May 
next,  or  immediately  thereafter,  to  send  messengers  to  the  different  points  where  there  are 
citizens  of  this  State,  beyond  the  limits  thereof,  in  the  volunteer  army  of  the  United 
States,  in  order  to  obtain  the  votes  of  such  persons  upon  the  adoption  or  rejection  of  the 
Constitution  adopted  by  this  Convention.  The  said  messengers  shall  be  provided  with 
duly-prepared  poll-books  for  said  election,  the  expense  whereof,  and  also  the  compensa- 
tion of  such  messengers,  and  all  other  expenses  connected  with  sending-  such  messengers, 
shall  be  certified  by  the  Governor;  and  the  State  Auditor  shall  draw  his  warrant  upon  the 
Treasurer  for  all  amounts  so  certified,  payable  out  of  any  money  in  the  Treasury  not 
otherwise  appropriated . 

Sec.  2.  That  such  number  of  copies  of  the  New  Constitution  adopted  by  this  Conven- 
tion, as  the  Governor  may  think  necessary  to  a  proper  understanding  of  the  Constitution, 
shall  be  sent  to  the  Missouri  soldiers  with  such  messengers. 

Adopted  in  Convention,  April  eighth.  A.  D.  one  thousand  eight  hundred  and  sixty-five. 


Attest:    Amos  P.  Foster,  Secretary. 


A.  KEEKEL,  President. 


284 


AN  ORDINANCE 

FOR  THE  ORGANIZATION  AND  GOVERNMENT  OF  THE  MISSOURI  MILITIA. 

Be  it  ordained  by  the  People  of  the  State  of  Missouri,  in  Convention  assembled,  as  follows  : 

Section  1.  All  able-bodied  male  inhabitants  of  the  State  of  Missouri  shall  be  liable  to 
military  duty  under  this  Ordinance,  except  as  is  hereinafter  provided;  and,  when  organ- 
ized, shall  constitute  and  be  known  and  designated  as  the  '  'Missouri  Militia.  ' ' 

Sec.  2.  Persons  over  the  age  of  forty-five  years,  and  under  the  age  of  eighteen  years; 
United  States  mail  carriers,  when  actually  employed  as  such;  United  States  and  State 
officers;  one  miller  to  each  public  mill,  and  an  engineer  for  the  same,  when  actually 
employed  in  said  capacity;  teachers  of  public  schools;  ministers  of  the  gospel;  regular 
practicing  physicians,  and  railroad  employees,  shall  be  exempt  from  duty  in  the  militia, 
and  shall  be  entitled  to,  and  receive  from,  the  '  'enrolling  officer,  "  a  '  'certificate"  to  that 
effect,  on  producing  to  said  "enrolling  officer"  satisfactory  evidence  of  their  respective 
avocations  or  employments. 

Sec.  3.  There  shall  be  an  enrolling  officer  for  each  county,  with  the  rank  of  a  lieuten- 
ant, appointed  by  the  commanding  officer  of  each  sub-district,  whose  duty  it  shall  be  to 
enroll  all  persons  in  said  county,  liable  to  do  military  duty,  once  in  each  year;  and  all 
enrollments  heretofore  made  under  existing  laws  shall  be  taken  and  considered  as  made 
under  this  Ordinance. 

Sec.  4.  The  militia,  as  soon  as  enrolled,  shall  be  organized  into  platoons,  companies, 
regiments,  and  brigades.  A  platoon  shall  be  composed  of  not  less  than  thirty-two  nor- 
more  than  forty-six  privates,  two  sergeants,  four  corporals,  and  one  lieutenant.  A  com- 
pany shall  consist  of  the  number  of  men,  commissioned  and  non-commissioned  officers, 
prescribed  by  the  revised  regulations  of  the  Army  of  the  United  States.  A  regiment  shall 
consist  of  eight  companies  or  more,  with  the  number  of  field  and  staff  officers  prescribed 
by  '  'Army  Regulations' '  for  the  particular  branch  of  service  to  which  it  may  be  assigned. 
A  brigade  shall  consist  of  three  or  more  regiments. 

Sec.  5.  Platoons  or  companies,  as  soon  as  organized,  shall  elect  their  commissioned 
officers;  which  officers,  together  with  all  brigade,  regimental,  and  staff  officers,  appointed 
by  the  Governor,  and  all  non-commissioned  company  officers,  shall,  before  commissions 
or  warrants,  as  the  case  may  be,  shall  [be]  issue[d]  to  them,  take  and  subscribe  the 

following  oath:  "I,  A.  B.,  aged  years,  of  the  county  of  in  the  State  of 

Missouri,  and  a  native  of  ,  do,  on  oath  (or  affirmation),  declare  that  I  have  not,  during 

the  present  rebellion,  taken  up  arms  or  levied  war  against  the  United  States,  nor  against 
the  State  of  Missouri;  nor  have  I  willfully  adhered  to  the  enemies  of  either,  whether 
domestic  or  foreign,  by  giving  aid  and  comfort,  by  denouncing  said  governments,  or 
either  of  them;  by  going  into  or  favoring,  or  encouraging  others  to  go  into  or  favor, 
secession,  rebellion,  or  disunion;  but  have  always,  in  good  faith,  opposed  the  same;  and 
further,  that  I  will  support,  protect,  and  defend  the  Constitution  of  the  United  States, 
and  of  the  State  of  Missouri,  against  all  enemies  or  opposers,  whether  domestic  or  foreign, 
any  ordinance,  law,  resolution  of  any  State  Convention  or  Legislature,  or  of  any  order  or 
organization,  secret  or  otherwise,  to  the  contrary  notwithstanding;  and  that  I  do  this  with 
an  honest  purpose,  pledge,  and  determination,  faithfully  to  perform  the  same,  without  any 
mental  reservation  or  evasion  whatever,  so  help  me  God. ' ' 

Sec.  6.  The  Governor  shall  nominate,  and,  by  and  with  the  advice  and  consent  of  the 
Senate,  appoint,  two  brigadier  generals,  and  no  more;  and  as  many  colonels,  lieutenant 
colonels,  and  majors,  as  may  be  necessary  for  properly  disciplining  and  governing  the  force 
organized  under  this  Ordinance:  Provided,  however,  That  the  officers  and  men  thus  com- 
missioned and  organized  shall  not  be  entitled  to,  nor  receive,  any  pay,  rations,  or 
emoluments,  when  not  in  actual  service. 

Sec.  7.  The  part  of  the  State  north  of  the  Missouri  river  shall  be  known  as  the  '  'First 
Military  District, "  and  the  part  of  the  State  south  of  said  river  shall  be  known  as  the 


285 


"Second  Military  District,''  which  shall  be  divided  into  such  sub- districts  as,  in  the 
judgment  of  the  Commander-in-Chief,  the  good  of  the  service  may  require. 

Sec.  8.  The  staff  of  general  officers  shall  be  the  same  as  for  the  time  may  be  prescribed 
by  regulations  of  the  United  States  army,  or  orders  of  the  War  Department,  governing 
appointments  of  officers  of  the  same  grade  in  the  United  States  service — all  of  whom  shall 
be  detailed  from  the  line  of  the  command  of  the  officer  to  whose  staff  they  are  attached. 

Sec.  9.  The  staff  of  the  Commander-in-Chief  shall  be  an  adjutant  general,  with  the 
rank  and  pay  of  colonel  of  cavalry;  a  quartermaster  general,  an  inspector  general,  and  a 
commissary  general,  each  with  the  rank  and  pay  of  a  colonel  of  cavalry;  a  paymaster 
general,  with  the  rank  and  pay  of  lieutenant  colonel  of  infantry;  a  surgeon  general,  with 
the  rank  and  pay  of  colonel  of  infantry;  a  judge  advocate  general,  with  the  rank  and  pay 
of  lieutenant  colonel  of  infantry;  three  aids-de-camp,  with  the  rank  and  |»ay  of  major  of 
infantry.  He  may  detail  from  the  line  and  field  officers  of  any  regiment  such  officers  as  he 
may  deem  proper,  and  assign  them  to  duty  on  his  staff. 

Sec.  10.  It  shall  be  lawful  for  the  Commander-in-Chief  to  call  into  service  such 
platoons,  companies,  or  regiments,  as  the  safety  and  peace  of  the  State  may  require,  and  to 
issue  such  instructions  as  may  be  necessary  to  insure  strict  discipline  and  familiarity 
in  drill. 

Sec.  11.  The  publication  of  the  proclamation  of  the  Governor  shall  be  deemed  sufficient 
notice  to  all  persons,  subject  to  military  duty,  to  report  to  their  respective  commanding 
officers  for  active  service. 

Sec.  12.  The  Articles  of  War  and  Army  Regulations,  as  published  by  authority  of  the 
War  Department  of  the  United  States,  shall  be  observed  by  the  Missouri  Militia  in  every 
particular  not  otherwise  provided  by  this  Ordinance,  and  the  manner  of  drill  shall  be  such 
as  is  prescribed  in  the  tactics  adopted  for  the  United  States  army. 

Sec.  13.  Whenever  the  militia,  or  any  part  of  it,  is  called  into  service,  the  inspector 
general,  or  his  assistants,  shall  muster  such  force  into  the  service  on  the  rolls  of  the 
platoon  or  company,  one  of  which  rolls  shall  be  retained  by  the  commanding  officer  of  the 
platoon  or  company,  one  copy  shall  be  returned  to  the  Adjutant  General  of  the  State,  and 
one  copy  to  the  district  headquarters.  He  shall  administer  to  each  platoon  or  company, 
separately,  the  following  oath:  "You,  and  each  of  you,  do  solemnly  swear,  that  you  will 
support,  protect  and  defend  the  United  States  and  the  State  of  Missouri,  and  the 
Constitution  and  laws  thereof,  against  all  their  enemies:  that  you  will  assist  in  enforcing 
the  laws;  and  will  obey  all  lawful  orders  of  the  officers  having  authority  to  command  you 
while  in  the  service,  so  help  you  God."  And  any  person  subject  to  military  duty,  who 
shall  refuse  to  take  said  oath,  shall  be  considered  and  treated  as  a  prisoner  of  war. 

Sec.  14.  The  surgeon  general  shall  appoint  a  physician  or  surgeon  for  each  county  to 
examine  persons  claiming  exemption ,  who  shall  give  to  every  person  exempted  by  him  a 
certificate,  and  shall  return  to  the  office  of  the  adjutant  of  the  district,  within  live  day- 
after  the  close  of  each  of  his  sittings,  a  complete  list  of  all  persons  so  exempted.  The 
physician  or  surgeon  so  employed  shall  receive  the  pay  of  a  major  of  infantry  while 
actually  engaged  in  such  service. 

Sec.  15.  Any  physician  or  surgeon,  authorized  by  the  provisions  of  this  Ordinance  to 
issue  certificates  of  exemption,  who  shall  fraudulently  issue  any  such  certificates,  shall  be 
liable  to  a  line  of  not  less  than  Ave  hundred  dollars,  to  be  recovered  by  indictment  before 
the  Circuit  Court  of  the  proper  county,  except  St.  Louis  county,  where  the  indictment 
shall  be  before  the  Criminal  Court. 

Sec.  16.  Every  person  who  neglects  or  refuses  to  enroll  himself  shall  pay  the  sum  of 
twenty  dollars,  to  be  levied  upon  his  goods  and  chattels,  by  order  of  the  commanding 
officer  of  the  district,  and  may  be  imprisoned  or  put  at  hard  labor  by  said  officer  until  said 
fine  is  paid,  and  shall  then  be  enrolled  and  assigned  to  such  platoon  or  company  as  the 
commanding  officer  of  the  district  may  direct;  and  any  person  duly  enrolled,  and  liable  to 
militia  service,  who  shall  refuse  or  neglect  to  perform  such  service,  shall  pay  a  fine  of  five 
dollars  per  day  for  every  day  he  fails  to  render  such  service,  after  having  been  thereto 
required  by  his  officers;  and,  in  addition  thereto,  such  delinquent  shall  be  subject  to  arrest, 


286 


trial,  and  punishment,  within  the  discretion  of  a  court  martial;  and  nothing  in  this  section 
shall  be  construed  to  exempt  any  man  from  military  service. 

Sec.  17.  The  commanding  officer  of  each  platoon  or  company  shall  certify  to  the  com- 
manding officer  of  the  battalion  or  regiment  to  which  he  is  attached,  a  list  of  all  persons 
liable  to  line  under  the  provisions  of  this  Ordinance,  with  the  number  of  days  each  person* 
has  neglected  or  refused  to  do  duty;  which  list  shall  be,  by  the  commanding  officer  of  the 
battalion  or  regiment,  certified  to  the  clerk  of  the  Circuit  Court  of  the  county  ten  days 
before  the  next  term  of  the  said  court,  who  shall  place  a  copy  of  said  list  in  a  conspicuous 
place  in  his  office,  at  least  five  days  before  the  first  day  of  the  term. 

Sec.  18.  It  shall  be  the  duty  of  the  Circuit  Court  to  render  a  judgment,  an  award,  an 
execution,  against  each  person  named  in  said  lists  for  the  sum  clue  by  him,  and  costs, 
which  shall  be  collected  as  other  fines.  The  sheriff  of  the  county  may  collect  all  sums  due 
in  said  lists  before  judgment,  and  shall  pay  over  the  same  to  the  State  Treasury,  to  the 
credit  of  the  '  'Union  Military  Fund. ' '  He  shall  certify  to  the  commanding  officer  of  the 
district  the  names  of  all  persons  who  fail  to  pay  the  amount  stated  against  them  in  said 
lists,  or  who  have  no  property  whereof  to  levy  such  execution.  And  the  commanding 
officer  of  the  district  shall  arrest  and  put  at  labor  the  persons  mentioned  in  the  last-named 
list,  until  the  amounts  due  by  them  are  paid.  And  it  shall  be  the  duty  of  the  circuit 
attorney  of  the  proper  circuit  to  prosecute  all  such  matters  as  shall  come  before  the  said 
court  by  virtue  of  this  section. 

Sec.  19.  The  sum  of  fifty  cents  per  day  shall  be  reckoned  to  every  person  put  at  labor 
under  the  provisions  of  this  Ordinance,  until  the  fine  or  penalty  due  by  him  is  fully  paid. 

Sec.  20.  The  uniform  of  the  Missouri  Militia  shall  be  the  same  as  prescribed  by  the 
United  States  Army  Regulations  for  the  army  of  the  United  States,  until  otherwise  ordered 
by  the  Commander-in-Chief. 

Sec.  21.  All  officers,  when  on  duty,  shall  wear  the  uniform  of  their  rank;  and  no 
person,  not  in  the  military  service  of  the  State  or  the  United  States,  shall  wear  any 
insignia  of  rank,  or  any  part  of  uniform,  under  a  penalty  of  twenty  dollars  for  every 
offense,  to  be  recovered  by  suit  and  summary  trial  before  any  justice  of  the  peace. 

Sec.  22.  The  pay  of  the  militia  shall  be  the  same  for  officers  and  men  as  allowed  for  the 
time  by  the  United  States  to  officers  and  soldiers,  and  fifty  cents  for  each  day's  service  of 
his  horse,  when  he  is  mounted;  and  such  pay  shall  be  in  the  same  funds  in  which  the 
United  States  Volunteers  are  paid,  or  their  equivalent. 

Sec.  23.  All  taxes  levied  and  collected  for  military  purposes,  and  all  fines  imposed  upon 
militiamen  by  this  Ordinance,  all  proceeds  of  the  sales  of  contraband  or  captured  property 
seized  or  captured  by  the  militia,  and  all  other  appropriations  and  levies  made  for  the 
benefit  of  the  militia,  shall  likewise  be  paid  into  the  treasury,  to  the  credit  of  the  said 
Union  Military  Fund.  Out  of  such  fund  shall  be  paid,  first,  all  sums  now  due  the 
Enrolled  Missouri  Militia  for  services  rendered,  and  Union  Military  Bonds  now  outstanding 
or  hereafter  issued ;  and  second,  all  expenses  incurred  according  to  law,  and  audited  by 
the  proper  officers,  and  appropriations  for  military  purposes,  as  other  claims  against 
the  State. 

Sec.  24.  The  Governor  of  the  State  shall  lay  before  the  General  Assembly,  at  each 
regular  session  thereof,  a  report  of  the  moneys  expended  for  militia  purposes,  and  an 
estimate  of  the  funds  necessary  for  support  of  the  militia  for  the  next  two  years 

Sec.  25.  The  Commander-in-Chief  may  assign  to  duty,  as  paymasters,  such  officers  as 
may  to  him  seem  proper,  not  exceeding  four  (4)  in  number,  with  the  rank  and  pay  of 
majors  of  infantry;  and  require  them,  before  entering  upon  the  discharge  of  the  duties  of 
the  office,  to  execute  a  bond,  in  a  sum  and  with  such  securities  as  he  shall  order,  conditioned 
for  the  faithful  performance  of  their  duty. 

Sec.  26.  Any  officer,  civil  or  military,  who  may  refuse  to  account  for  and  pay  over  ? 
according  to  law,  any  moneys  or  property  coming  to  his  hands  belonging  to  the  militia 
fund,  shall,  upon  conviction  thereof,  in  the  Circuit  or  Criminal  Court,  on  indictment,  be 


287 


sentenced  to  imprisonment  in  the  penitentiary  for  a  term  of  not  less  than  five  nor  more 
than  ten  years . 

Sec.  27.  Courts  Martial. — Courts  martial  shall  be  constituted  and  shall  proceed  in  all 
cases,  and  be  governed  by  the  laws  and  regulations  prescribed  by  the  United  States  Army. 

'Sec.  28.  The  General  Assembly  of  this  State  shall  provide  the  ways  and  means  for  the 
payment  of  the  Missouri  Militia,  and  may.  at  any  time,  amend  or  repeal  tins  Ordinance. 

Sec.  29.  An  act  entitled  '  •  An  act  for  the  organization  and  government  of  the  Missouri 
Militia,"  approved  February  10.  1865,  and  all  other  acts  or  parts  of  acts,  inconsistent  with 
the  provisions  of  this  Ordinance,  are  hereby  abrogated. 

Adopted  in  Convention,  April  eighth,  A.  D.  one  thousand  eight  hundred  and  sixty -five. 

ARNOLD  KREKEL,  President. 

Attest:  Amos  P.  Foster,  Secretary  of  Convention. 


Missouri .  Constitute 

.onal 

Convention,  1865* 

Journal. . . 

L27702 

1865 

DATE                                             ISSUED  TO 

